Why is simply storing a digital document not enough?
Electronic invoicing is becoming common, as are online safes for pay slips, and digitisation is making document management easier… More businesses are going digital, which is great. However, these changes need a secure system to manage data storage and archiving. Simply saving a document on a hard drive isn’t enough to make it legally valid, especially for electronic archiving.
How do you give an electronic document legal value?
For a document to have legal value, your archiving system must ensure that it is unalterable over the long term. You can do this by complying with three essential criteria: the authenticity of the issuer, the integrity of the document and its legibility.
There are several standards for electronic archiving that guide how electronic document storage systems should work. The French standard AFNOR NF Z42-013 focuses on designing and running archiving systems. ISO 11506 explains how to archive and verify digital data. NF Z42-020 deals with safes for storing digital information, while ISO 15489 covers record management.
Are electronic archiving and physical archiving subject to the same laws?
Under French law, electronic and physical archiving must comply with the same retention periods. In other aspects, however, the regulations governing electronic archiving are stricter. This is particularly true when it comes to the conditions required to give electronic documents legal value and maintain their integrity over time. These conditions are described in article 1366 of the French Civil Code.
Is it possible to have the same electronic archiving policy for all documents?
It is, but the French Data Protection Authority (CNIL) recommends that companies adapt their policies according to the nature of the digital documents they need to archive and the data those documents contain. This makes is easier to respect data subjects’ ‘right to be forgotten’, a concept introduced in the Data Protection Act.
Do electronic documents have the same legal value as physical documents?
Yes, they do. That’s because the European eIDAS Regulation of 23 July 2014 introduced the principle of non-discrimination. This means that if an electronic document is identical to a paper document, it can be accepted as legal proof.
The European regulation also outlines the security measures required for the electronic identification and trust services used to ensure secure electronic transactions across the European market. More specifically, it establishes a clear legal framework for the use of electronic signatures, time stamping and website authentication.
What standards or rules apply when archiving digital documents?
Companies must be able to prove the content of digital documents they store. And although the principle of technological non-discrimination means there is no requirement to use specific devices to do this, it’s better to opt for a secure storage solution like an electronic archiving system or a digital safe.
In France, the NF Z42-013 standard governs the rules for the design and operation of electronic archiving solutions. AGS Records Management’s NF 461 certification therefore attests to the compliance of its Electronic Archiving System, which ensures the fidelity, integrity, durability and traceability of the digital documents it stores.
Coupled with the NF 544 certification, which guarantees compliance with the NF Z42-026 standard for accurate digitisation, AGS Records Management is certified for the entire process. Each archived digital document thus retains the same evidential value as the original (reliable copy).
Is electronic archiving compatible with the GDPR?
Under the GDPR and the French Data Protection Act, companies may only store personal data as long as needed for its intended purpose. They must explain why, how, and for how long they will keep the documents containing the data, ensuring their reasons are specific and legally valid. Electronic archiving helps with this by keeping documents usable as evidence.
While ensuring compliance with all these regulations, AGS Records Management creates tailored solutions for each profession (like HR, finance or mail services) and business sector (like banking, healthcare, public services, housing, or transport).
Would you like to secure the archiving of your electronic documents? Contact our digital experts.