[Unofficial translation] RULES ON THE TECHNICAL REQUIREMENTS FOR VIDEO-BASED ELECTRONIC IDENTIFICATION DEVICES

Author: mag. Mateja Vraničar Erman l.r.; Secretary for finance

The translation was provided by dr. Igor Kolar (legal advisor at Ministry of justice of the Republic of Slovenia and GDPR expert from Blockchain Think Tank Slovenia).

Pursuant to Article 27 of the Prevention of Money Laundering and Terrorist Financing Act (Official Gazette of the Republic of Slovenia, №68/16), the Minister of Finance hereby issues the following RULES on the technical requirements for video-based electronic identification devices

Article 1
(subject matter)

These rules lay down the minimal technical requirements for video-based electronic identification devices and the procedure for their use for determining and verifying the identity of a customer as part of the customer due diligence process by obliged persons under Article 4 of the Prevention of Money Laundering and Terrorist Financing Act [The AML Act].

Article 2
(definitions)

For the purposes of these Rules:

Article 3
(qualifications of the provider)

(1) The person conducting video-based electronic identification on behalf of the obliged person must be adequately trained and capable.

Article 4
(designated room/space)

(1) Video-based electronic identification shall be conducted in a designated room that is separate from the other rooms of the obliged person or the person conducting video-based electronic identification on their behalf.

Article 5
(prior consent of the customer)

(1) At the start of the video-based identification procedure, the customer shall be asked to provide express consent to the procedure, as well as separate consent for the creation and storage of the audio recording and for the creation and storage of screen captures depicting their person and their official personal document.

Article 6
(personal data)

(1) Personal data, documentation and screen captures created using the video-based identification procedure shall be collected and processed for the purpose of prevention and detection of money laundering and financing of terrorism, and shall fully conform to the rules laid down in Articles 31, 127. and 128. of the AML Act, which determine the use of personal data, documentation and screen captures as well as the obligations of providing the required notices regarding the processing of personal data to the customer.

Article 7
(organizational and technical requirements)

(1) Video-based electronic identification shall be conducted using video-based electronic identification devices that allow for the transfer of video and audio in real-time and without interruptions.

Article 8
(the verification process)

(1) During the video-based identification process, [several] screen captures must be made, clearly showing:

Article 9
(unique identification number)

(1) The person conducting the video-based electronic identification shall message to the customer via email or SMS a special and unique identification number that has been centrally designated to be used in this very video-based electronic identification process.

Article 10
(obligation to terminate the video-based electronic identification)

(1) Unless otherwise provided in paragraph two of this Article, the video-based electronic identification process shall immediately be terminated if:

Article 11
(using a third party provider)

(1) If the obliged person uses a third-party provider to conduct the video-based electronic identification process, they shall be responsible that the third party provider implements all the necessary security measures laid down in these Rules. The responsibility to ensure compliance with the provisions of these Rules remains with the obliged person.

Article 12
(entry into force)

These rules enter into application on the next day after publication in the Official Journal of the Republic of Slovenia.

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