The Regulation on unique technical and technological requirements and procedures for the preservation and protection of archival and documentary material in electronic form entered into force on 1 January 2024. The Regulation applies to legal entities that are creators and owners of archival and documentary material in electronic form.
The Regulation applies only to archival material and documentary material originally created in electronic form, such as contracts signed with a qualified electronic signature, electronic invoices, tax returns and the like. The Regulation does not impose an obligation to digitise documents created in paper form, which is often a source of misunderstanding when interpreting the Regulation.
Legal entities are obliged to ensure reliable electronic storage of archival and documentary material. This obligation can be fulfilled by using a qualified electronic storage service provider, i.e. by using third party software or by using one’s own software.
In addition, the Regulation imposes an obligation to adopt internal rules governing the procedure for preparing documentary material for reliable electronic storage. The internal rules must be harmonised with the provisions of the Regulation as well as with the provisions of other relevant regulations, including the Law on Electronic Documents and the Regulation on Conditions for the Preparation of Documents.
The Regulation also establishes the obligation to keep an archive book in electronic form. This obligation does not include the obligation to digitise documents adopted before the date of entry into force of the Regulation.
The Regulation also deals with a number of other issues relating to the handling of archival and documentary material in electronic form, such as the issues of permanent storage and destruction of archival and documentary material, the keeping of records of acts of aggression, the keeping of records of acts of aggression and the keeping of records of acts of aggression.
The information in this document does not constitute legal advice on any particular matter and is provided for general informational purposes only.