{"id":6342,"date":"2024-02-24T13:26:06","date_gmt":"2024-02-24T13:26:06","guid":{"rendered":"https:\/\/www.italiafideiussioni.it\/?p=6342"},"modified":"2024-11-12T13:07:37","modified_gmt":"2024-11-12T13:07:37","slug":"analysis-new-procedures-telematic-verification-sureties-public-contracts","status":"publish","type":"post","link":"https:\/\/www.italiafideiussioni.it\/en\/analysis-new-procedures-telematic-verification-sureties-public-contracts\/","title":{"rendered":"Analysis of the New Procedures for Telematic Verification of Sureties in the Public Contracts Sector"},"content":{"rendered":"\n

Article 106 of Legislative Decree 36\/2023, which introduces the new Public Contracts Code applicable from January 1, 2024,<\/b> marks a significant turning point in the digitization process of sureties.<\/span><\/p>\n\n\n\n

With the aim of increasing efficiency, transparency, and security of transactions in the public sector, the decree provides that sureties must be issued with digital signatures and be verifiable telematically.<\/span><\/p>\n\n\n\n

This approach aligns with the indications provided by the National Anti-Corruption Authority (ANAC), which aims to counter corruption and promote transparency in public administrations.<\/span><\/p>\n\n\n\n

Technological and Regulatory Implications<\/b><\/h2>\n\n\n\n

The last period of <\/span>paragraph 3 of Article 106 introduces specific requirements <\/span><\/a>for the issuance and verification of sureties.\u00a0<\/span><\/p>\n\n\n\n

The requirement that these must be “verifiable telematically by the issuer” or “managed through the use of platforms operating with technologies based on distributed ledgers” (blockchain) imposes on issuers, mainly banks and insurance companies, the adoption of advanced technological solutions. <\/span><\/p>\n\n\n\n

The characteristics of these platforms must comply with the standards defined by the <\/span>Agency for Digital Italy (AgID),<\/b> thus ensuring the security and reliability of the process.<\/span><\/p>\n\n\n\n

The request for compliance with specific technological standards poses some challenges. On one hand, banks and insurance companies must invest in blockchain technologies and advanced digital signature systems. On the other hand, they must ensure that these technologies are easily accessible and verifiable by public entities, so as not to hinder the process of verifying sureties.<\/span><\/p>\n\n\n

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