Archiving of Electronic Documents

Legal framework
SEP applicability Legal framework
LAW no. 16/1996 on documents archiving LAW no. 135/15 May 2007 on electronic documents archiving LAW no. 656/2002 on preventing and sanctioning money laundering LAW no. 82/1991 of accounting System rules and common document BNR TRANSFOND S.A. on REQUIREMENTS FOR THECHNICAL CERTIFICATION OF THE PARTICIPANTS TO ELECTRONIC PAYMENTS SYSTEM (EPS)

LAW no. 16/1996 on documents archiving

Article 2 the notion of "documents" includes all official and private documents of historical value; Article 4 provides that legal persons, creating and holding documents, are responsible for accounting, inventory, selection, storage and use of their documents as provided by law; Article 8 annually, each document creator must archive their documents, grouped in "archival units" (files) based on the issue and terms of maintenance established by archival nomenclature approved by the National Archives; Article 9* - storage of records for a period exceeding one year requires archiving based on archival nomenclature established by the institution, approved by the National Archives (under art. 8 of Law no. 16/1996).

* According to art. 9 of Law no. 16/1996 of the National Archives - "The documents are submitted to the archive repository of creators of documents in the second year of its existence, based on inventory and handover minute, prepared according to annexes 2 and 3.

LAW no. 135/15 May 2007 on electronic documents archiving

Establishes the legal conditions applicable to the creation, preservation, consultation and use of electronically generated documents that are stored (with original value) or dematerialized hard copy documents to be stored in a repository (with copy value) (art. 1 of the Law). All operations of archiving processing of electronic documents must be in compliance with National Archives Law no. 16/1006, as amended and supplemented, and with regulations on conservation, access and public or private data protection (art. 2 of the Law). To organize their documents in electronic archives, the legal person must obtain from MCSI, the data center authorization and the accreditation as electronic archive administrator or appeal to the services of an already accredited electronic archiving provider*
* Accreditation as an archiving administrator is required in order to archive their documents and to provide electronic archiving services for others, but this must be specified in MCSI's request for accreditation. Currently, there are 7 companies listed at the Electronic Archive Administrators Register published on the MCSI and 6 of them provide electronic filing services for third parties.

By their nature, the activities of finance and banking institutions involve keeping original or copies of the documents relating to their customers (individuals or legal entities) and their operations, these documents having an obvious historical value. According to Law no. 656/2002 on preventing and sanctioning money laundering and also on establishing measures to prevent and combat terrorism financing, credit and financial institutions should: keep records on their clients (Article 9, paragraph 4) keep copies of documents that identify the client over a period of five years after the end of the relationship (Article 13, paragraph 1) keep for a period of five years after of completing each transaction, secondary or operational records and records of all financial transactions that are subject to Law no. 656/2002, for use as evidence in court (art. 13, paragraph 2).

LAW no. 82/1991 of accounting

In addition to documents referred to in Law no. 656/2002, financial institutions and banks must follow the Law no. 82/1991 of accounting, which provides in Art. 41, paragraph 2 point b) that non-compliance with the regulations regarding the "preparation and use of supporting documents and accounting documents for all operations, recording into accounting in the appropriate period, storage and archiving, and reconstruction of lost, stolen or destroyed documents", represents a contravention or even an offence .

In address no. 16134/19.08.2008 issued by the National Archives, submitted to TRANSFOND, stated in clear, "every documents issuer is bound to prepare the archiving nomenclature", for all their documents, regardless of the support on which they are created.

Referential - May 2008

1. 2. 3. Law 16/1996 on the National Archives and Instructions regarding archive of document issuers/owners of Order 217/23.05.1996 of AN Legislative provisions in force (L. 82/1991, L. 656/2002) and the NBR regulations (Regulation 6/1994, Regulation 7/1994) Database backup as a safety measure.

Referential June 2009

1-3 above 4. 5. Law 135/2007 Electronic documents (...) which are stored in an MCSI accredited archive have evidential value in court. GEO 113/2009 on payment services

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