MONGOLIA - September 2003

CHAPTER ONE: General Provisions

Article 1. Purpose of the Law

The purpose of the law on information and technology is to regulate relations concerning the information system, management of the information system, e-governance, e-commerce, electronic signature and services of information technology.

Article 2. Legislation related to information technology

2.1 Legislation related to information technology shall consist of the Constitution of Mongolia, the present law and other legal acts issued in consonance with them.

2.2 In case of conflicting stipulations in the present law and the international agreement to which Mongolia is subject, the latter shall take priority over the former.

Article 3. Legal terminology

3.1 Legal terms used in this law shall mean as follows:

3.1.1 E-governance information is a set of documents, information and data which are created in the information system and network and used by state organizations and officers as official source.

3.1.2 E-governance management is integrated set of methods of mobilizing and directing manpower, equipment, information and organizational resources to treat information as a product for use in activities of state organizations.

3.1.3 E-governance information database is a set of standardized classification, codes, indices, methodologies, data, and information that have been collected and processed in conformity with assimilated document requirement.

3.1.4 Illegal use of information is illegal access to information system and data base taking advantage of skills and knowledge of using information methods, tools and software.

3.1.5 Electronic documents or records are information in electronic form on a computer.

3.1.6 Electronic signature is a set of electronic documents which take the cryptographic changes of information related to use of key for electronic signature and which entitle a holder of signature certificate to the sole ownership. Electronic signature ensures the prevention from falsification of electronic documents.

3.1.7 Owner or holder of certificate for key (secret code) for signature is individual who has been issued a certificate of signature by the authorized office, owns key (secret code) for electronic signature through the use of relevant tools and creates his/her signature on own electronic documents.

3.1.8 Electronic signature tools is technique and program applications which are used to execute at least one of acts in creation of signature, and creation of electronic key for electronic signature.

3.1.9 Electronic key for electronic signature is a series of marks and digits used for creation of signature and known only to owner of certificate of electronic signature.
3.1.10 Accessible key for electronic signature is a series of marks and digits used for treating to inaccessible key for electronic signature. It is used for reaching to any user in the information system and for confirming the authenticity of electronic signature through relevant tools.

3.1.11 Open information system is the one, which is open and always accessible to every individual and legal entity.

3.1.12 Informatics is systematic social, economic, scientific and technical activities aimed at creating a favorable environment for meeting the information needs and rights of citizens, state organizations and legal entities through creation and use of information sources.

3.1.13 Information is data, which is not dependent on the known conventions in his/her representation.

3.1.14 Factual information is the one recognizable by specific indicators stored on a computer and written on paper work and for official use.

3.1.15 Information system is system intended for information activities using data processed in specific and step-wise way, technology sequencing including estimation technique and digital data transfer tools.

3.1.16 Confidential information is the one concerned with privacy and confidentiality of state organizations, legal entity and individuals in accordance with the relevant law of Mongolia.

3.1.18 Electronic data message is information generated by information and communication means.

3.1.19 Sender of electronic data message or document (hereinafter referred as sender) is an individual and legal entity who is entitled to send the data message or document. It does not include a person acting as an intermediary.

3.1.20 Receiver of electronic data message or document (hereinafter referred as receiver) is an individual and legal entity who is intended by the sender to receive the data message or document. It does not include a person acting as an intermediary.

3.1.21 E-commerce runner is an individual or legal entity who is issued a license for engagement in electronic commerce.

3.1.22 Client is an individual or legal entity who is served goods and services and other rights as stipulated in the contract established with e-commerce runner.

3.1.23 Intermediary is a person who on behalf of another person and with respect to a particular electronic document sends, receives and stores or provides other services in respect of that electronic document.

CHAPTER TWO: Authority of the State Administration in information and technology

Article 4 Authority of the State Great Khural (Parliament)

4.1 State Great Khural (Parliament) shall define a state policy for information and technology and establish a legal environment.

Article 5 Authority of the government

5.1 The government shall exercise the following authority in information and technology. They are:

5.1.1 to implement the state policy for information and technology and organize the enforcement of relevant legal acts;

5.1.2 to establish a national committee for information and technology and approve its rule and regulations

5.1.3 to form a fund for public service and approve regulation for mobilization of the fund

5.1.4 to promote and facilitate any organization, enterprise, individual and legal entity that are effectively introducing information and technology

Article 6 Authority of the member of government cabinet in charge of information and technology

6.1 The Government Cabinet Member in charge of information and technology shall have the following authority. They are:

6.1.1 to implement legislation on information technology and government decisions

6.1.2 to develop a coherent and consistent state policy on information technology

6.1.3 to develop a policy promoting competitiveness in information technology market

6.1.4 to endorse the regulation which determines the amount of fee of coordinating services for license holders

6.1.5 to develop a policy on public service and monitor its implementation

6.1.7 to ensure the reliability, efficiency and quality of information technology services and control the security of electronic signature and information relations

6.1.8 to develop a policy of training professional staff in information and technology

6.1.9 to approve a work program, plan and overall budget for informatics, compilation and use of information resources, development and application of information system, information technology and tools required for them

6.1.10 to develop a policy for protection of information and information resources and ensuring their security, to control over security and safety of informatics

6.1.11 to ensure reliability, efficiency and quality of informatics, compilation and use of information sources, information system and technology and tools required for them.

6.1.13 Other rights or authorities stipulated in the legislation.

6.2 The authorized organization shall consult with member of government cabinet in charge of information technology when appointing or resigning the management of legal entity of sole state ownership or with participation of state in ownership.

Article 7. Authority of Governors

7.1 All governors shall exercise the following authority. They are:

7.1.1 to implement actions aimed at advancement of information technology in respective territory in cooperation with relevant organizations

7.1.2 to organize repair and remedy actions of damages in information network and software caused by accidental or disastrous conditions

7.1.3 to organize public training for information and technology

7.1.4 to organize actions aimed at introduction of information technology achievements

7.1.5 other rights stipulated in the legislation.

Article 8. Authority of Communications Regulatory Commission

8.1 Communications Regulatory Commission shall exercise the authority as follows:

8.1.1 comment on state policy on information technology and provide authorized and competent organization with information

8.1.2 within the policy on information technology issue a license, suspend and terminate it, monitor over enforcement of conditions and requirements inherent to license, and make a contract

8.1.3 identify and confirm technical and software related conditions and requirements of information technology network and user equipment

8.1.4 approve general conditions of contract on inter-connection between networks and endorse rule for income distribution

8.1.5 approve the methodology defining service tariff for information technology and control tariff prevalent in markets

8.1.6 approve general plan of domain addresses, make registration and issue the addresses

8.1.7 provide a condition for fair competition in information technology market

8.1.8 facilitate the implementation of public services

8.1.9 in the frame of authority, settle disputes between holder of license and user

8.1.10 The commission will establish an office for certification of information technology and through it, issue license, establish public infrastructure, set up electronic signature base and place control.

8.1.11 develop standards of electronic signature and approve the form of certificate

8.1.12 assign or remove audit team of electronic signature

8.1.13 perform other authority or rights mentioned in the legislation

Article 9. National Committee of Information Technology

9.1 National Committee of Information Technology (hereinafter referred as National Committee) shall function on a part time basis at the Government. The National Committee shall advise the government on aspect of information technology development and state policy and coordination.

9.2 National Committee shall be comprised of members on equal number from state organizations, business organizations, education and science institutes and NGOs.

9.3 National Committee shall be chaired by Prime Minister of Mongolia.

9.4 Government shall approve the membership of National Committee.

9.5 National Committee shall established its own office.

9.6 Information and Communications Technology Policy Coordination Division of the Ministry of Infrastructure shall execute duties as the secretariat and technical arm of the National Committee.

9.7 Ministries, government agencies, aimag and capital city governor's offices may have a unit in charge of informatics.

Article 10 National Information Technology Park

10.1 National Information Technology Park shall be state owned non-profit service organization with duties of creating and developing a favorable environment for information and communications system and network and facilitating information technology businesses. The National Information Technology Park shall be responsible for the following.

10.1.1. to show support to development of economic and scientific initiatives and documents required for state policy aimed, to ensure reliable functioning and security of information system and network in Mongolia and to facilitate the arrangement of planning actions on technique, technology and organizational matters.

10.1.2 to enhance participation of citizens and legal entities in creation of information system and network, use and benefits of information technology and to form favorable working conditions and mental production environment.

10.1.3 to cooperate with relevant organizations in implementation of policy aimed at ensuring functioning and developing up-to-date high speed internet network and to plan and execute systems, technology and organizational matters

10.1.4 to provide professional and methodological assistance to management of state organizations of all levels, individuals and legal entities in implementation of state policy on informatics

10.1.5 to propose on development of information technology infrastructure and issues of promoting informatics for state and society

10.1.6 to train and retrain qualified staff in information technology and provide professional consultancy assistance

10.2 National Information Technology Park shall take the following main actions.

10.2.1 to set up internal and external networks of computer able to exchange information at fast speed using advanced equipment of information technology and provide services for economic entities in the national park of information technology

10.2.2 to lease a working space for domestic businesses in information technology

10.2.3 to create a favorable business environment for new companies in information technology and support their development

10.2.4 to mediate companies in the national park of information technology in execution of projects and works requested by state organizations and international agencies and arrange such work

10.2.5 to implement activities aimed at executing duties and rights stated in 11.1 of the present law

10.2.6 to create science and technology data base and e-library, provide the public with information and provide professional assistance and support in setting up and operationalizing information technology center and public information service unit.

CHAPTER THREE: The Fund for Public Service

Article 11 The Fund for public service

11.1 The fund for public service shall be formed and used for accessing essential information technology services to remote areas and population who haven't been covered yet and creating, expanding and updating new network in problem areas.

11.2 The fund for public service shall be sourced from the following.

11.2.1 sources of funds is stipulated in 11.2 of the law on Communications

11.2.2 administration and implementation of the fund is also stipulated in 10.2.6 of the law on Communications

11.3 The fund for public service shall be used only for designated purposes.


Article 12 License, required documents for getting a license, establishing and terminating a contract

12.1 Communications Regulatory Committee shall issue a license for information technology services and electronic signature.

12.2 Treating information technology services as communications services Articles 12, 13, 14 and 15 in Communications Law concerning the license, required documents for getting a license, establishing and terminating a contract shall be abided by.

12.3 Internet café services shall be registered only.

CHAPTER FIVE: E-governance Information System

Article 13 E-governance information system

13.1 E-governance information system shall comprise the information system of offices of President of Mongolia, State Great Khural, Government, National Security Council, Constitutional Court, other courts, ministries, agencies, NGOs, local self-governance and administration offices, economic enterprises with state property and state property participation (???) and budgetary organizations.

13.2 Respective information system of state organizations mentioned in Paragraph 1 in the article shall have provision of equipment, software, data base and staff.

Article 14 Principle of functioning e-governance information

14.1 The following principles shall be pursued in e-governance information activities.

14.1.1 E-governance information database and network and their security shall be under state protection.

14.1.2 Documents, data and information in e-governance information data base shall have the same standard and be of reliable services for citizens within the specified legal framework.

14.1.3 Software, technology, set up, methodology and language of e-governance information shall be consistent.

Article 15. E-governance information, its types and forms

15.1 E-governance information (hereinafter referred as information) shall comprise the following documents, data and information which can be obtained, retrieved and reported back by organizations and their staff mentioned in 1 of Article 13 of the present law for use in exercising rights and duties and decision making.

15.1.1 Laws, State Great Khural decisions, President Decrees, Government decisions

15.1.2 decisions by the National Security Council

15.1.3 decisions by Constitutional Court

15.1.4 explanations of laws

15.1.5 norms and regulations issued by ministries and regulating agencies for adaption

15.1.6 decisions by local self-governance and administration

15.1.7 reports, papers and minute of meetings

15.1.8 statistical data from official sources

15.1.9 comments and conclusions

15.1.10 announcements made by state organizations and management within their respective authority

15.1.11 project documents, researches and studies

15.2 Information shall be classified by its purpose as official and not official.

15.3 Official information shall refer to documents, data and information stated in section 1 of this article.

15.4 Official information shall have special certifying or identifying mark.

15.5 Marks refer to titles, types, register number, classification, codes and indices of organizations, documents, data and information.

15.6 Interfering and making amendment to marks and content of data and information shall be prohibited.

15.7 Non official information refer to data, information, explanations, recommendations, methodologies, comments and studies made by entities which are not entitled to represent state organizations. These are the type of information not mentioned in section 3 of this article.

15.8 Documents, data and information may take the forms of writing, prints, images, sound, pictures, combination of such forms and files.

CHAPTER SIX: E-governance information data base

Article 16. Data base

16.1 E-governance information data base in Mongolia shall consist of data bases stated in section 1 of Article 13 of the present law.

16.2 State organizations shall create data base in accordance with the scope and guideline of their duties and implement data base management. Ministries and agencies shall create sector-wise data base and local administration data base.

16.3 State organizations shall make a list of data base to be used in its activities in conformity with state official matter list. The list shall clearly state about receiver, sender, transfer organization, officer and title of position.

16.4 Documents, data and information shall be placed in data base in accordance with due classification, codes, indices and set standards.

16.5 Government and Standard and Measurement Institute shall determine classification, codes and indices.

16.6 Documents, data and information in data base shall have date of creation, address of creator and references incorporating amendments and they shall be included in registry of data base of a given organization.

16.7 Member of Government Cabinet in charge of issues of a given sector shall approve rule, classification and code of data base of a sector. This role shall be executed by Aimag governor for rules, classification and code of local administration data base.

16.8 State organization and officer shall take full responsibility for quality and content of created data base and information sent.

16.9 State officer shall register information used in his/her activities in date base register regardless of data base register of an organization.

16.10 Documents, data and information in data base shall be classified as for only official use, confidential and limited.

16.11 Official information shall consist of documents, data and information designed for only official use and bearing mark "for official use".

16.12 Confidential information shall comprise documents, data and information related to privacy of state and organizations and individuals which have been legally identified as prohibitive to expose for not damaging rights and reputation of individuals and for the interest of national defense and security and social order.

16.13 Limited information shall be constituted by documents, data and information to be used under the due permission of authorized organization and officer within the legislation framework.

Article 17. Ensuring the open access of e-governance information

17.1 Citizens, state, enterprises and organizations shall be entitled to search and receipt of information, which is not referred to issues of confidentiality under the state protection in the legal framework.

17.2 The legislation shall regulate claims and complaints by individuals, organizations and enterprises for receiving open access data in the database of e-governance information system and data base of an organization.

17.3 Relations concerning open-access of archived documents, data and information in the database of e-governance information system and database of an organization shall be regulated by the law on archive, confidentiality and information security.

17.4 The limitation may be made to open-access of information in the following cases for the right and interest of state, offices, organizations and individuals:

17.4.1 cases which may cause interference to decision making by state organizations and officers or misunderstanding between citizens and organizations or damage or priority to one of the sides

17.4.2 cases which may damage legal rights and interests of organizations and enterprises and interference to operations, business activities and competitiveness

17.4.3 cases which might adversely affect national security and social order

17.4.4 cases which might damage cooperation and mutual trust with foreign countries and international organizations and negotiations and contract with them

17.4.5 cases which are under the condition of not exposing to the public

17.4.6 cases which are in processing and monitoring stages

17.5 While making decision, authorized organization and officer shall ensure the protection of legal rights and interests of third entity.

17.6 High level organization and officer shall settle disagreement and claim against the decision prohibiting open access of information.

Article 18 Exchange of e-governance information and use of data base

18.1 Information in e-governance information system shall be exchanged through e-mail in file form (non-paper technology) and signature, organization seal and mark shall be secured by secret code.

18.2 Secret code shall be included in list of confidentiality of state and organizations.

18.3 State organization and its bodies and branches (??) shall have e-mail addresses.

18.4 Exchange of information by e-mail shall follow principles, standards and technology of state official matter arrangement. The management of register and control over information flow and archiving shall be dealt with by relevant unit of Government Secretariat.

18.5 Documents, data and information created and stored in data base of state administration information system and exchanged through e-mail shall become archive material. Archived documents of an organization may be extinguished upon decision of Accredited Examination Commission.

18.6 State organization shall provide opportunities for state organizations and NGOs, officers, individuals and enterprises to use open-access information in the data base.

18.7 Official information shall be utilized for internal use of an organization while limited or confidential information shall be used by the authorized entity under the due regulation.

18.8 Data base of e-governance information system and data base of an organization shall be used upon permission by authorized organizations and officers.

18.9 Permission shall be issued through official decision by authorized organizations and officers. With due permission, the frame of use of database shall be determined and secret code shall be provided in order to ensure security.

18.10 Monitoring or controlling the use of database of e-governance information system shall be subject to government decision.

18.11 Authorized organizations and officers shall determine, in concurrence with legislation, the rule for register of information in database under the due classification and ownership, exchange and use of e-governance information system database and organization data base.

18.12 State organizations listed in section 1 of Article 13 of the present law shall have free of charge access to documents, data and information in e-governance information data base.

Article 19 Network of e-governance information system

19.1 Network of e-governance information system shall consist of information network, database and software to enable the exchange of information between state organizations and its structure units, connect and transfer telecommunications facilities and other relevant equipment, manpower and management.

19.2 Central office shall be responsible for technology management of network of e-governance information system and regulation of software and database. The central office will be within the structure of Government Cabinet.

19.3 The addresses of uses of network of e-governance information system shall be registered by the central office.

19.4 User without address register shall have access to open data base of network of e-governance information system excluding other data bases of state organizations.

19.5 Officer in charge of management of network of state administration information system and database of organization shall be officers keeping confidentiality of state and organization.

Article 20. Software of e-governance information system

20.1 The copy right of software products which is certified and accepted by authorized organization shall be applied in e-governance information system.

20.2 Software products shall meet the standard requirements.

20.3 Office of State Great Khural, Presidential Office, Government Secretariat, ministries, agencies and aimag and city governor's office shall be entitled to to the full utilization and orderly application of software products in the e-governance information system.

20.4 The expenditure of products in e-governance information system shall be fixed at not exceeding 1.5% of central and local budget.

20.5 The state shall be the owner of patent for software products funded by science and technology project.

20.6 Enterprises, organizations and Mongolian and foreign citizens can be executor of the order for software product development.

20.7 Software products developed on order by authorized state organizations and funded by the state budget shall not be provided on payment to state and state funded organizations and enterprises of state ownership. (I can't understand???)

20.8 The patent and copyright of e-governance information system software shall be regulated by relevant legislation. The issues concerning holding and application of this system shall be coordinated by contract between involved parties.

Article 21 Repair and maintenance of information systems

21.1 Central office shall be responsible for repair and maintenance of technique of e-governance information network.

21.2 Services of information technology, development of software and repair and maintenance of computer may be contracted to enterprises, organizations and individuals which are issued permission by authorized organization.

21.3 Permission to execute services mentioned in 2 of this article shall be issued by Communications Regulatory Commission. The rule for services shall be approved by Cabinet Member in charge of this issue.

Article 22 Prohibited Acts in e-governance information activities

22.1 The following acts shall be prohibited in activities of e-governance information. They are

22.1.1 to violate the rule for application of data base and network or access them without permission

22.1.2 unintentionally or intentionally to amend, destroy, close, distort and steal information

22.1.3 to disseminate misleading or false information through information network or amend it in private and political interests and use for election campaign

22.1.4 to make illegal copy of information

22.1.5 to unveil secret of state, organizations and individuals

22.1.6 to make illegal copy of and apply software products

22.1.7 intentionally or unintentionally to damage and destroy data base and network

22.1.8 to develop information technology and software and execute technical repair and maintenance without permission.

CHAPTER SEVEN: Conditions for use of electronic signature

Article 23 Equivalency of electronic signature and signature on paper

23.1 Electronic signature on electronic documents shall be equivalent to signature on paper under the following condition:

23.1.1 Electronic signature certificate to be valid during the checking or the time at which the signature was created on electronic document

23.1.2 the authenticity of electronic signature is certified

23.1.3 there is no contradiction between electronic signature and signature certificate

23.2 Participant in information system may have more than one signature certificates.

Article 24 Electronic signature means

24.1 Signature key (secret code) shall be created and certified by certification organization.

24.2 Creation, use and distribution of signature without certified means shall be prohibited.

24.3 Entity who has violated section 2 of this article shall be subject to punishment.
24.4 Participant in information system may refer to certification organization for electronic signature.

24.5 Certificate of electronic signature shall be issued in accordance with rule and regulation developed by relevant state administration organization.

Article 25 Signature certificate

25.1 Signature certificate shall contain the following information.

25.1.1 signature register number and starting and expiry dates of signature certificate issued by certification office

25.1.2 full name or nickname of holder of signature certificate. In case of using nickname this shall be noted in electronic signature certificate issued by certification office.

25.1.3 open key(pin code) of electronic signature

25.1.4 information related to compilation of electronic documents with electronic signature which is legally valid

25.2 Based on documents for verification necessitated by work position of holder(title and address of organization which holds the position will be mentioned) and other information verifying given document in accordance with the claim shall be attached in paper form.

25.3 Signature certificate shall be included in register of signature certificates of certification office.

25.4 For the purpose of recognizing and checking electronic signature of holder the date of issuance, information validating the signature certificate (valid, expired date, date of not-service and invalid date) as well as information on signature certificate register shall be provided.

25.4.1. 1n case of issuing signature certificate on paper as a fact the certificate shall be put on a form of certification office and signed by authorized person and sealed by certification office.

25.4.2 In case of issuing signature certificate and additional information on electronic documents the certificate shall be signed by authorized person of certification office in electronic form.

25.4.3 Electronic signature shall remain legally valid when conditions for signature means and application in information system and network are provided.

25.5 Recognizing and verifying right of electronic signature shall be issued on the basis of license. The rule for issuing license shall be determined by Cabinet Member in charge of information technology.

Article 26 Duration of storing signature certificate at certification office and its rule

26.1 Duration of storing signature certificate in electronic form at certification office shall be determined by contract between certification office and holder of signature certificate.

26.2 The duration of storing signature certificate in electronic form at certification office since signature certificate was made invalid shall not exceed the date specified in signature certificate.

26.2.1 When the of duration period of storing signature certificate expires it is deleted from the signature certificate register and transferred into archiving regime.

26.2.2 Duration of storing in archive shall be no longer than five years. During this period the issuance of copy of signature certificate shall be regulated by separate rule which is approved by Cabinet Member in charge of the issue.

26.3 Signature certificate in paper form shall be stored in accordance with the Archiving law.

Article 27 Legal status of certification office

27.1 Certification office which issues signature certificate to be used in information system of wide application shall be a legal entity to fulfil duties mentioned by the law.

27.1.1 Certification office shall store information relevant to signature certificate. It shall have necessary material and financial resources to enable the compensation of damages for users.

27.1.2 Government authorized organization shall appoint office to provide material and financial needs of certification office.

27.2 Types of activities by certification office shall be licensed in conformity with the Mongolian legislation.

Article 28 Activities of certification office

28.1 Certification office shall

28.1.1 prepare signature certificate

28.1.2 create electronic signature key(pin code) for participants in the information system which will be securely stored in electronic signature confidentiality.

28.1.3 temporarily suspend or restore or cancel the valid date of signature certificate

28.1.4 keep the register of signature certificate and provide facilitating conditions for interaction of the center and participation of information system

28.1.5 keep the sole identifiable feature of electronic signature in archive of certification office and register of signature certificate

28.1.6 Signature certificates shall be issued on documents on paper form and information validating it in electronic document.

28.1.7 Other services related to use of electronic signature shall be provided for participants in the information system.

28.2 Signature certificate shall be prepared based on claim made by participant in the information system containing the information required by holder of signature certificate stated in Article 25 in the present law.

28.3 The procedure of preparing signature certificate at certification office involves making of two copies on paper form signed by involved parties; holder of signature certificate and authorized person of certification office. The copies should have a seal of certification office. One copy shall be issued to holder of certificate and another one shall be kept at certification office.

Article 29 Duties and responsibilities of certification office

29.1 Certification office shall take the following duties and responsibilities in relation to the holder of signature certificate. They are as follows:

29.1.1 including in the register of signature certificate

29.1.2 performing acts of issuance of signature certificate to participants in the information system

29.1.3 duties and rights mutually agreed by involved parties and other legislative acts

Article 30 Duties and responsibilities of holder of signature certificate

30.1 The responsibilities of the holder of signature should:

30.1.1 not to use open access and inaccessible key (secret code) of electronic signature if made known to the holder that the key is or had been in use

30.1.2 keep the electronic key of electronic signature secret.

30.2 immediately notifying the certification office in case of loss of secret code of electronic signature.

Article 31. Invalidating the signature certificate

31.1 Certification office shall invalidate signature certificate in the following cases. They are:

31.1.1 when the date of service is expired

31.1.2 when date of certificate of electronic signature is expired

31.1.3 when the holder of signature certificate has submitted a request in writing.

31.1.4 when other legislative state or involved parties mutually agree to do so.

31.2 In case of invalidation of signature certificate, certification office shall make all the information in signature certificate register invalid.

Article 32 Terminating activities of certification office

32.1 Activities of certification office, which issues a signature certificate in the open information system, may be terminated in accordance with civil law.

32.2 In case of terminating the activities of certification office in accordance with section 1 of this article, signature certificate issued by it may be transferred to other certification office upon agreement of holder of certificate.

32.3 Signature certificate which is not transferred to other certification office shall be made invalid and shifted to authorized executive organization for storage in concurrence with Article 26 of the present law.

Article 33 Cases allowing substitute for seal

33.1 The content of documents transferred into electronic form from paper form having seal, compliant with legal norms and agreed by involved parties can be verified by electronic signature of authorized person.

33.2 Electronic signature on electronic document that is in concurrence with legislation and legal acts of Mongolia and agreed by involved parties shall be equivalent to signature written on paper and verified with seal.


Article 34 E-commerce environment

34.1 E-commerce can be used in activities of all sectors, which will apply to designated technical and program tools for receipt, transfer, storage and process using digital documents.

Article 35 Regulatory principles of e-commerce

35.1 Legal regulation of e-commerce shall be based on principle of forming a condition whereby rights of participants are equally provided, freedom and activities of contract is not impeded and transaction of goods, services and finance is made without delay.

Article 36 Principle of negotiation in writing on the basis of electronic document exchange

36.1 Negotiation in writing shall be made through exchange of electronic documents in compliance with the present law and other legal statements.

36.2 Statement in Section 1 of this article shall not be dependent on the current law on e-commerce and other legal statements as well as whether negotiations between involved parties are made in writing or not.

Article 37 Original and copy of electronic documents

37.1 All electronic documents certified by digital signature shall constitute an original document.

37.2 The copy of original document is treated as ready when electronic documents are put on paper form and signed by authorized person.

Article 38 Storing electronic documents

38.1 When the present law, other legislation and negotiations between involved parties see the necessity of the storage of electronic documents and other information the following requirements shall be followed.

38.1.1 Electronic documents shall be stored in initial format.

38.1.2 Electronic documents for storage shall be able to be identified in terms of the dates of sending, receiving and creating.

38.1.3 Other conditions stipulated in the relevant paragraph of the current law and negotiation between involved parties shall be followed.

38.2 Electronic documents and other information produced for sending and receiving purpose shall not refer to statements in the present article.

38.3 Citizens and legal entities may use services of other citizens and legal entities for transferring electronic documents for storage in accordance with section 1 of this article.

Article 39 Sending electronic documents

39.1 Electronic documents can be treated as originated by sender in the following conditions. They are

39.1.1 when the sender sends electronic documents

39.1.2 when electronic documents are sent by authorized entity on behalf of sender

39.1.3 when electronic documents are sent through information system automated and programmed by holder of the documents

39.2 When electronic documents are proved to have been originated by the sender after receiver has checked based on negotiation between sender and receiver.

Article 40 Legal status of e-commerce runners

40.1 E-commerce can be run by enterprises, citizens and legal entities which are entitled to do so by the present law and other relevant laws.

Article 41 Establishing a contract through exchange of electronic documents

41.1 E-commerce contract can be established through exchange of electronic documents upon proof that involved parties have been in relation with each other through electronic form.

41.2 Commerce contract shall be treated as legal document when it is proved to have been made through electronic documents.

41.3 When signed by authorized person e-commerce contract in writing shall be treated as valid.

41.4 Stipulations other than 1 to 3 of the present law shall be determined by legislation of Mongolia.

Article 42 Acknowledgement of duties by involved parties

42.1 Contract form being in electronic form cannot serve a basis for dispute and not admissible to court related to conditions and duties of the contract between involved parties when e-commerce contract was proved to have been established through electronic documents.

Article 43 Regulation for establishment of e-commerce

43.1 During establishment of e-commerce contract involved parties may produce proposal for establishing a contract and acceptance of the proposal in electronic form.

Article 44 Legal relations of electronic documents in bank transactions

44.1 One of the legal authority of electronic documents in bank transactions shall be Mongol Bank and other bank and non-banking bodies.

44.2 Relations between subjects of electronic documents in bank transactions shall be regulated on the basis of contract.

Article 45 Program and Methodology

45.1 The certificate of assessment of programme-technique means designated for storage, processing and storage in bank transactions shall be issued by the relevant body at Mongol Bank. The list of certificate of assessment and list of programme-technique shall be determined by Mongol Bank.

Article 46 Storing electronic documents of inter-bank payment and allocating of bank statements

46.1 The duration of storing original of electronic documents of inter-bank payment shall be determined by Mongol Bank. Allocating copy of electronic documents shall be decided by Central Archive Center of Inter-bank Payment of Mongol Bank.

CHAPTER NINE: Information resources

Article 47 Legal basis of information resources

47.1 Information resources in Mongolia shall consist of information resources of citizens, legal entities and state. Like other resources in Mongolia they shall be subject to legal protection.

47.2 The main condition for referring, given information to information resources (??) shall be substantiated information. Information shall be substantiated in accordance with regulation by authorized state organization in charge of keeping official matters, standardizing documents and ensuring the security of Mongolia.

47.3 Documents taken from the information system shall be made valid after this is signed by authorized person in concurrence with the legislation of Mongolia.

47.4 Documents stored, processed and transferred through the information system and network shall be made valid upon certification of electronic signature.

Article 48 Ownership of information resources

48.1 Information resources shall be either of public and private property. They can be subject to ownership of state, individuals and legal entities. Relations concerning ownership of information resources shall be regulated by Civic Law, the present law and other legislation.

48.2 Citizens and legal entities shall be the owner of documents and information which was received, inherited, given as a gift and originated by own fund in accordance with the legislation.

48.3. State shall be the owner of documents and information which was originated, received and accumulated by central and local budgets and other means stipulated in the law at the state organization.

48.3.1 Relevant state organization shall be entitled to buying substantiated information that refers to the state secret.

48.3.2 Substantiated information that refers to state secret shall be used only when authorized state organization gives permission.

48.4 Entity obliged with providing substantiated information for authorized state organization shall remain the owner of information given.

48.5 State owned information resources at state organization shall be registered in the list of state property and put under state protection as stipulated in the law.

48.6 Information resources may be treated as products in all cases otherwise stated by the law and legislation in Mongolia. The owner of such information resources shall exercise the rights stated below.

48.6.1 to determine the regime and regulations for processing, protecting and using information resources within the given authorization and act within this regime and regulations

48.6.2 to identify conditions for making copies, disseminating and treating substantiated information and act within the conditions

48.7 Owner or holder of information resources shall be entitled to inherit them to another owner or holder ensuring their continuity. When the holder of state information resources is abolished or reoriented with being no longer responsible for compilation and use of information resources the authorized state organization shall identify a legal entity which will take on the duties of holding information resources and provide working conditions for them as stated in the law. In case of seeing no necessity for further use of information resources, they will be transferred to National Archive in conformity with the law on archive in Mongolia.

Article 49 Referring information resources to national wealth

49.1 Particular objects of information resources at a national scale may refer to the national wealth.

49.2 The government shall select particular object out of information resources at a national scale and announce as national wealth. It will also approve legal regulations as per the above mentioned.

Article 50. Rights to accessing to information resources

50.1 Information resources other than those which are substantiated and limited as stated in the law shall be open and accessible to the public.

Article 51. Exercising the right of accessing to information resources

51.1 State organizations, citizens and legal entities shall be equally entitled to use of state information resources other than the ones which refer to state secret.

51.2 Holder of information resources shall provide users with information on the basis of the law and regulation on use of information resources and of contract on services for information provision.

51.3 Citizens and profit organization may produce secondary source of information legally taken out of state information resources for the purpose of commercial dissemination.

51.4 The regulation for receipt of information by users (place and date of receipt, responsible officer, regime etc.) shall be determined by owner or holder of information resource in accordance with the law. A holder of information system shall distribute users a list of information and information services and regulation and condition for access to information resources without charge.

51.5 State authorized organization and other concerned agencies shall be responsible for providing conditions which enable fast, efficient and full scale receipt of information by users.

51.6 A regulation for collecting, processing and protecting substantial information with limited frame of use and manual for access to such information shall be approved by central state administration office obliged with creation and use of particular information resources.

Article 52. Duties of information provision

52.1 State administration and other state organizations shall create information resource on activities and functioning of itself and subsidiary agencies which will be accessible to public. As well, within given authority they will provide the public with information on related human rights, citizen duties, freedom, human security and other issues of public interest.

52.2 The Government of Mongolia jointly with other state authorized organizations shall approve the regulation for inclusion of information resources and information system at a national scale into the state list.

Article 53 Access to information resources

53.1 Unless otherwise stated in the law citizens, enterprises and organizations shall be entitled to access to information resources for the purpose of ensuring the reliability and comprehensiveness of information on themselves. They shall also be entitled to be aware of who has used the information on themselves and when and why it was used.

53.2 Unless otherwise stated in the law holder of substantiated documents on citizen shall be obliged to show detailed information without charge when the citizen demands so.

Article 54 Rights and duties of holder of information resources

54.1 Holder of information resources may reconstruct the internal structure of information resource under his/her holding to ensure user-friendliness.

54.2 Holder of information resources shall be obliged to provide information for users in accordance with regulation determined by owner of information resources.

54.3 Holder of information resources shall abide by the regulation for information use stipulated in the Mongolian law.

Article 55 Ownership right of information technology tools

55.1 Citizens, legal entities and state may own the information technology tools.

55.2 Information system and network, communications technology and their tools shall be registered in the state register. Communications technology tools may be treated as products when the copy of rights for processing and creation has been certified in accordance with the Mongolian law.

55.3 Owner of information technology tools shall identify conditions in which the products are used.

55.4 Creator of information technology tools shall exercise ownership right upon certification of copy of rights in accordance with the Mongolian and international law.

55.5 The copy of right of information technology and their tools shall be under protection in conformity with the Mongolian law on copy of rights.

CHAPTER TEN: Validity of the Law

Article 56 Effectivity of the law

56.1 The present law shall enter into force from _____(day) of __________ (month), 2000.