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Until now, storage possibilities were considered to be paper,
microfilm, tapes and optical disks. It is quite obvious that
these kind of storage techniques are expensive, take up lots
of space and will lead to time-consuming retrievals. Due to
the development of technology, most of the employees don't
have enough patience to accept long delays within the retrieval
process. Through the creation of the internet, people can
easily access information by clicking a button for instant
prompt-retrieval on their desktops. The entire world is starting
to get digitalized and the new EU directives for E-Business
and E-trade are transformed into the different national legislations
of the member states. Due to this chance nothing seems to
stop the electronic storage and electronic archiving possibilities
of business documents.
Or does it?
Reasons to keep hard copy retention schedules:
Paper storage is laid out by the law. The law requires it,
or people want to prove their cases with written proof. The
first reason refers to the legal requirements that are necessary
which makes it impossible for an electronic original to do
the same thing. For example, the signature on contracts with
the statement " read and approved". These are examples
from the labor law, insurance law and consumer law.
The second reason to keep a hard copy archive is mostly because
it is required by the government. Most of these hard copy
archives are related to social
security documents, accounting documents, corporate
law documents, VAT documents etc... It is clear that
the government opts to use electronic storage for social documents.
The first application that proved this governmental electronic
elaboration is the Dimona declaration: This is a labor situation
where every direct declaration is entered electronically by
employers who are obliged by law to do so. Very important
is that the government will centralize this information and
will, at the end be the only unique source concerning this
data. The government will store this information electronically
which implies that companies no longer need to retain a hard
copy staff register.
The situation is completely different for accounting
and
fiscal documents. Companies are not so pleased
to hand over these kind of documents to a governmental institution
and companies are confronted with a bunch of inconsistent
legislations. VAT,
Excise duties, accounting legislation,
bankruptcy laws etc... It all results into a mixture
of an electronic and a hard copy archive.
The 3rd reason not to abandon papery archives is because
of its probative
value. We don't want to go into the juridical description
of the value as evidence in the civil law, corporate law and
criminal law. We also don't want to explain the difference
between a juridical fact or act, the legal requirements or
the legitimacy of the evidence. There will be still some fixed
content attached to an archival process because the legislation
on e-archiving hasn't been laid out yet properly by the government.
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