Recent developments in the legislation of several European Union countries now make it possible to envisage the dematerialisation of paper documents in digital form without losing the notion of a ‘true copy’.
France has joined a number of pioneering countries in which the notion of evidentiary value is carried by the digital copy in the same way as it was previously carried exclusively by the paper original.
Digital transition
This is clearly a major development that will finally enable the digital transition, the progressive reduction of the volume of paper archives kept by companies and, in many cases, the destruction of paper originals, now replaced by compliant digital versions.
Standardisation in Europe
The exact reproduction processes are not harmonised at European level, due to the lack of specific regulations in this area. Each country establishes its own rules through national texts, which leads to a diversity of practices. As a result, dematerialisation processes cannot be directly transposed from one country to another, requiring adaptations according to local regulatory frameworks.
The required provisions
According to the implementing decree in France, the creation of a true copy is based on several essential requirements:
- Traceability and integrity: The digitisation must be traceable and its integrity demonstrated throughout the retention period.
- Digital fingerprints: The fidelity of the copy must be guaranteed by a digital fingerprinting process to prove its authenticity.
- Unalterability of information: The storage system must prevent any modification or alteration of the archived data.
The French standard NF Z42-026
The NF Z42-026 standard can serve as a methodological guide for the creation of faithful copies. However, it is essential to always verify the reliability of your approach before making the irreversible decision to destroy paper documents. Rigorous validation of the processes and regulatory requirements in force will guarantee the conformity and integrity of the digital copies.
NF 544 certification and good digitisation practices
In the context of digitisation practices, NF 544 certification guarantees compliance with good practices and conformity with the NF Z42-026 standard. With its advanced features and standards-aligned design, Arcsys software provides a robust repository for reliable preservation of digital documents. Its ability to meet technical and regulatory requirements makes it a major asset in obtaining this certification and reinforcing the probative value of digital copies.
Applicable texts
- France: Article 1379 of the Civil Code, decree no. 1673 of 5 December 2016, standard NF Z42-026
- Belgium: Article 1334 of the Civil Code and law of 26 July 2016
- Luxembourg: Law of 25 July 2015