Digital rights got to Russia

Putin signed the Federal Law of 18.03.2019 No. 34-FZ “ On Amendments to Parts One , Two, and Article 1124 of Part Three of the Civil Code of the Russian Federation ”. It is assumed that the amendments will protect the rights of citizens and legal entities in the digital economy. Legislation in this area will be able to develop on this basis. Looking ahead, let's say that until the crypt has not yet reached.

The bottom line:
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• Introduced the concept of "digital rights"
• It will be easier to make deals
• For a full-fledged expression of will, a description for a button on the website is sufficient
• Legalized the processing of arrays of impersonal information

Details

The bill has been developed since the beginning of 2018. We wanted to fix in the Civil Code "several basic provisions that will allow us to regulate the market for new objects of economic relations." In the first reading, they approved the general concept. But then they proposed a number of amendments.

The concept of "digital money" to the final version did not survive. Cryptocurrency will not be fixed in the legislation.

The legislation does not regulate technical issues. For them, they promise to roll out other "special acts."

By analogy with the token, the new concept of “digital right” provides the right to the owner of the password.

"On legal" it sounds like this:
“ Article 141.1. Digital rights
Digital rights are rights of obligation and other rights named in such a capacity in a law, the content and conditions of which are determined in accordance with the rules of an information system that meets the criteria established by law. Implementation, disposal, including transfer, pledge, encumbrance of a digital right by other means or restriction of disposal of digital law are possible only in the information system without recourse to a third party. "

The law determines the place of objects of digital law in the system of objects of civil rights. The new concept allowed the turnover of such objects, including their sale and purchase.

Among the objects of digital law are financial assets. By them are meant monetary claims, equity securities and equity rights issued in electronic form.

The main thing is that the bill protects citizens and legal entities for transactions involving digital rights.

Such transactions will become easier. For example, it is enough that the button on the site is properly signed. By clicking on it, the user makes a full expression of will. For the same purpose, and send SMS.

There are a couple of conditions under which you can express your will with the help of "electronic or other similar technical means", and this will be tantamount to writing a simple transaction:

• First, the devices used must allow “to reproduce on the tangible medium in unchanged the content of the transaction”.
• Secondly, it is necessary to reliably determine the person who has expressed her will. For this, a single biometric system that is being introduced may be suitable.

Exceptions will be wills. In their preparation can not use electronic or other technical means.

Separate attention in the bill is paid to smart deals. They imply that under certain conditions the information system itself can perform the necessary actions. The simplest example is autopayment, which can be set up in a bank.

With regard to the collection and processing of large volumes of impersonal information (Big data), legislators have expanded the concept of a database, defining it as “a set of data and information”.

The contract may provide for the obligation not to take actions, as a result of which personalized information may be disclosed to third parties.

The operator of an information system working with objects of digital law may be a legal entity that the Central Bank has included in a special register.

So, as early as October 1, 2019, when the law enters into force, we will be able to vote and sign contracts using a smartphone. It is not yet clear whether the matter will come to the legalization of cryptocurrency, but such bills look like steps to this. In turn, we are ready to provide cloud infrastructure that meets any such laws.