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Bangladesh Information and Communication Technology Act

Bangladesh Information and Communication Technology Act 2006

Summary of ICT Act, 2006

The ICT Law of Bangladesh styled "Information and Communication Technology Act, 2006" provides or Digital Certificates to be used for signing of Documents. The law provided setting up of the Controller of Certifying Authorities and the licensing of the Certifying Authorities. The procedures to be followed by Certifying Authorities are provided for in the ICT Law. The legal enforcement and the appropriate jurisdiction is given in the Act. There is provision for constitution of special tribunal for handling litigation in this domain.

The validity of the Digital Certificates is apportioned by this law. The Rules under the Act pertaining to Certifying Authorities have been framed and are known as "Information Technology(Certifying Authorities) Rules, 2010". This provides guidelines, advice and information about the factors which the CCA will take into account in its operation and the functioning of the Certifying Authorities. The ICT law provides legal recognition to electronic documents and a framework to support e-filing, e-commerce and m-commerce transactions and also provides a legal framework to mitigate, check cyber-crimes.

The Trust Chain for the public key infrastructure is facilitated by the ICT Act. The Law allows for the setting up of digital certificate infrastructure and its control by the Controller of Certifying Authorities (CCA) including conducting audits.

The ICT law has been formulated to support the development of information and communication technologies in Bangladesh. It is intended to facilitate the application of information and communication technologies for building information society.

Where the information contained in a document is declared by law to be confidential, confidentiality must be protected by means appropriate to the mode of transmission, including on a communication network. Documentation explaining the agreed mode of transmission, including the means used to protect the confidentiality of the transmitted document as evidence.

The Act was enacted to establish a legal validity and security for information and communication technology and for formulation of Rules in this regard.

The purpose of this Act is to guarantee the legal security of documentary communications between persons, partnerships and the State, regardless of the medium used ; the consistency of legal rules and their application to documentary communications using media based on information technology, whether electronic, magnetic, optical, wireless or other, or based on a combination of technologies; the functional equivalence and legal value of documents, regardless of the medium used, and the interchangeability of media and technologies; the linking of a person, a partnership or the State with a technology-based document, by allowing them to be identified by certification; and for the harmonization of the technical systems, norms and standards involved by means of technology-based documents and interoperability between different media and information technologies.

The Ministry of Information and Communication Technology, Government of the People's Republic of Bangladesh ischarged with the administration of this Act. There have been two amendments to the Information and Communication Technology Act, 2006 namely ICT ACT 2008 (amendment) and ICT ACT 2009 (amendment).