D – Legal Environment
The aim of the Book "D" is to shed light on the legal environment for NSCP, as the existing domestic legislation is very limited and of a very low standard. The highest level is the Government Decision, namely the Government Decision 1486/2015 (VII. 21.) on the current tasks related to the implementation of the Digital Nation Development Programme and the amendment of certain related Government Decisions.
There are no other specific and direct regulations.
Indirectly, however, the existing legislation also contains insular regulations that fit into the smart city mindset and perception, especially with regard to e-services, public services, legislation containing e-government rules, as well as certain EU legal sources. These include, but are not limited to:
Act CXL of 2004 on the General Rules of Administrative Procedure and Services
Act XCII of 2003 on the Rules of Taxation.
Act XLI of 2012 on Passenger Transport Services
Act XL65 of 2009 on Public Electronic Services
Government Decree 84/2012 (IV. 21.) on the designation of certain organisations related to electronic administration
Government Decree No 83/2012 (IV. 21.) on regulated electronic administration services and on services to be provided by the state on a mandatory basis
Act XXXV of 2001 on electronic signatures
Act CVIII of 2001 on certain aspects of electronic commerce services and information society services
Directive 2000/31/EC of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market
Directive 2012/27/EU on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (25 October 2012).
In order for the NSCP to work and to achieve its objectives, it is essential to establish at least the basic technological and safety specifications necessary to implement a single, interoperable, secure system. To this end, it is necessary to regulate the basic security specifications to be provided by each system, the interfaces and specifications between each system, the basic data protection and privacy protection rules, the high level access media and protocols, the technological rules to ensure interoperability, the general specifications for use and deployment, the liability issues, the connectivity and other conditions for use, the requirements for the core services.
Regulatory issues should be implemented at the lowest possible, necessary and sufficient regulatory level in the implementation of the NSCP, taking into account the integrated services, service providers and users.