Qualified Trust Service Provider DIIA

We would like to inform you that the Cabinet of Ministers of Ukraine adopted a resolution dated April 29, 2020, № 345 "On the implementation of a pilot project to ensure the continuous provision of qualified electronic trust services in case of replacement of the provider of such services" (the Resolution).

The provisions of the Resolution introduce a pilot project to ensure the continuous provision of qualified electronic trust services in case of replacement of the provider of such services (the pilot project), the participants of which are SE "NAIS", which belongs to the sphere of management of the Ministry of Justice, and SE "DIIA", which belongs to the sphere of management of the Ministry of Digital Transformation.

In addition, the provisions of the Procedure for conducting a pilot project to ensure the continuous provision of qualified electronic trust services in case of replacement of the provider of such services, approved by the Resolution (the Procedure) stipulate that the responsibilities of the qualified provider of electronic trust services are transferred to SE" DIIA ".

Thus, in pursuance of the Procedure, an agreement № _____________ dated ___ May 2020 on the replacement of a party in the Agreement on the provision of qualified electronic trust services (the Treaty) was concluded between NAIS and SEA DIA. As a result of concluding the Treaty, the party under the agreements concluded by SE "NAIS" on the provision of qualified electronic trust services (the Agreement/ the Agreements) with users, namely - instead of the party defined in the Agreements as the provider of SE "NAIS", all rights and obligations under the Agreements are transferred to SE "DIIA" as a new provider. If the user wishes to refuse from further maintenance of his qualified certificates by the new provider of SE "DIIA", it is necessary to submit to SE "NAIS" an application form, the procedure for submission of which is defined in the Treaty.

It should be noted that the Treaty, in accordance with Articles 633 and 634 of the Civil Code of Ukraine, is a public contract of accession and is concluded by accessing users to all its terms. Thus, the users join the terms of the Treaty, by tacit consent, in accordance with part three of Article 205 of the Civil Code of Ukraine. That means, that the users who have valid qualified certificates, formed by the qualified provider of electronic trust services "CA of the Justice of Ukraine", without additional fees, automatically become users of qualified electronic signature services from the new provider SE "DIIA" and continue to be serviced by the SE "DIIA” under the terms of the Agreement.