Electronic storage of documentation represents the act of archiving documents created in electronic form (classification, classification, reliable storing and availability of these documents), which is certainly an important aspect for public and private sector entities that rely on e-business in their work.
On 1 January 2024, the Regulation amending the Regulation on Unified Technical and Technological Requirements and Procedures for Preserving and Protecting Archival Material and Documentary Material in Electronic Form (“Official Gazette of RS”, No. 116/2023) (hereinafter: “Regulation on Electronic Archiving“) came into force, which further elaborates the obligations stipulated under the Act on Archival Material and Archival Activity (“Official Gazette of RS”, No. 6/2020) (hereinafter: “Act“).
The Act stipulates that the creators are legal entities and natural persons whose work creates archival material and documentary material, while the holders are legal entities and natural persons who keep such material on a certain basis. Creators/holders of documentary material are obliged to keep their archive book in the prescribed form, in accordance with the Rulebook on the Form of Archival Books (“Official Gazette of RS”, No. 34/22).
Regulation on Electronic Archiving prescribes a distinction between documentary material permanently stored in electronic form (archival records) and documentary material in electronic form with no permanent storage period. For documentary material that is permanently stored in electronic form, the amendment stipulates that creators and holders are obligated to ensure its reliable electronic storage in accordance with the applicable regulation and in document formats suitable for long-term storage, until its submission to the competent archive. Reliable electronic storage of documentary material permanently stored in electronic form, submitted by creators to state authorities, organizations, territorial autonomy bodies, local self-government units, institutions, public enterprises, and holders of public authorizations, is ensured through that entity as the holder.
As for documentary material in electronic form with no permanent storage period, the obligation of creators and holders of such material is to ensure its integrity, authenticity, credibility, completeness, and usability through a qualified electronic signature or a qualified electronic seal.
Simply put, amendments to the Regulation on Electronic Archiving are:
- Business entities are no longer obliged to keep documentary material in electronic form, if it is already stored with a state body or organization – e.g. electronic invoices, tax returns, financial statements, employee registrations and de-registrations, etc.;
- Business entities that possess electronic documents that are not kept by state authorities or organizations (as well as in the period before the submission to the state authority and/or organization) have the obligation of reliable storage.
It is envisaged that the public sector fulfils its obligations of electronic archiving using the platform of the competent ministry called eArchive. The private sector is free to choose the software solution most suitable for its business.
From the date of entry into force of the Regulation on Electronic Archiving, the obligation of electronic archiving begins and refers to documentary material created in electronic form on the day after this date.
In the end, the goal of these amendments is not punitive measures, but the possibility that creators and holders of archival and documentary material meet the requirements for permanent electronic storage of documents and documents with a limited storage period appropriately, while maintaining a high level of reliability and protection of documents, guaranteeing the integrity, authenticity and usability of the document throughout the entire storage period.
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