Ministério das Finanças (Ministry for Finance)
Administrative Rule
Defines the characteristics of the obligatory civil liability insurance contract, specified in paragraph d) of article 12 of Decree-Law no. 290-D/99, of 2 August, that approved the legal regime for electronic documents and digital signatures.
Following entry into force of Decree-Law no. 290-D/99, of 2 of August, that approved the legal regime for electronic documents and digital signatures, it is now necessary to define the characteristics of the obligatory civil liability insurance contract specified in paragraph d) of article 12 of the same diploma.
A hearing was held with the Associação Portuguesa de Seguradores.
Thus:
Under the terms of article 17 of Decree-Law no. 290-D/99, of 2 of August:
The Government, via the Minister of Finances, orders the following:
1 - a) The obligatory civil liability insurance contract specified in paragraph d) of article 12 of Decree-Law no. 290-D/99, of 2 of August, hereinafter called 'insurance contract', covers the damages arising from the activity of certification of digital signatures in the meaning of paragraph c) of article 2 of the same diploma.
b) Without prejudice to the terms of paragraph c) of this point, the insurance contract only guarantees the payment of indemnity payments for damages resulting from accidents caused during its validity period.
c) In the event of caducity or revocation of accreditation or cessation of trading by the certifying entity, the insurance contract shall take effect until the end of the time period specified therein.
2 - The insurance contract must comply with the following requirements:
a) Be celebrated for a specific time period, that can never be less than a year, and must be renewable;
b) Have a minimal annual capital of 125 000 euros, irrespective of the number of accidents or injured parties.
3 - The insurance contract may stipulate non-opposable deductibles for injured third parties or their heirs up to a maximum of 10 000 euros.
4 - The insurance contract specified in point 1 will always exclude coverage of damages that should be covered by other obligatory insurance contracts, even if such contracts have not been signed.
5 - The insurance contract specified in point 1 may exclude coverage of damages:
a) Caused to business partners, managers, legal representatives or agents of the corporate body whose liability is guaranteed;
b) Caused to any persons whose liability is guaranteed by this contract, as well as the spouse, person who lives in de facto union with the insured party, ascendants or descendants, or persons that live with, or in the dependence of, the insured party;
c) Occurred as a consequence of war, strikes, lock-out, riots, civil disturbance, assault, sabotage, terrorism, acts of vandalism, civil or military insurrection or decisions by authorities or forces that usurp the public authorities;
d) Resulting from the certifying entity's failure to comply with the duties resulting from article 26 of Decree-Law no. 290-D/99, of 2 of August;
e) Corresponding to cessation of profits.
6 - The insurance contract specified in point 1 may foresee the insurance company's right of appeal in the following cases:
a) When the damages result from fraudulent action or an act that may be qualified as a crime or countermanding act by the insured party or person for which he bears civil liability;
b) When the damages result from acts or omissions practised by the insured party, or person for which he bears civil liability, in a state of insanity or under the influence of alcohol, narcotics or other drugs or toxic products.
29 August, 2000. - on behalf of the Minister of Finances, António do Pranto Nogueira Leite, Secretary of State of the Treasury and Finances.
