New e-archiving legal framework

Update 04/08/2015

This Act “Loi du 25 juillet 2015 relative à l’archivage électronique et portant modification:1. de l’article 1334 du Code civil;
2. de l’article 16 du Code de commerce;
3. de la loi modifiée du 5 avril 1993 relative au secteur financier”was published in the Official Journal of the Grand Duchy of Luxembourg MEMORIAL year dated August 04, 2015 under A – No. 150. The full text can be accessed here.For over years, Luxembourg is pursuing its aim to become the « European fortress for electronic data ». The draft law no 6543 on electronic archiving was adopted on Thursday 2nd July 2015. The law of the 25th July 2015 introduces a new e-archiving legal framework in Luxembourg and creates the PSDC status.The main feature of the law is to acknowledge legal value of electronic copies. Digitalized documents and copies made by a PSDC (Digitalization and Archiving Service Provider) will benefit from a legal presumption: the digitalized copy will be presumed to be in conformity with and be equivalent to the original document. An electronic copy cannot anymore be refused as an evidence just because of its electronic nature.

In order to become PSDC, companies must comply with technical regulation requirements and measures. PSDC status guarantee that digitalization and archiving procedures are secure and reliable. The technical requirements are based on ISO 27001 and 27002. Already certified ISO 27001 since 2014, Labgroup is an ideal candidate to obtain the PSDC status. The PSDC status is delivered by the Luxembourg Office of Accreditation and Surveillance (OLAS) and a notification has to be made to the Luxembourg Institute of Standardisation, Accreditation, Safety and Quality of Products and Services (ILNAS). A full list of the PSDC companies will be soon available at this page.

Choosing a PSDC is the guarantee that:

-You will benefit from conformity and authenticity presumption,
-You will deal with trusted a third-party which respect the professional secrecy,
-You will manage information easily and be compliant with legal constraints.

To help you to grasp these challenges, Labgroup and Luxembourg Institute of Science and Technology (LIST) are partnering to propose trainings on Information Lifecycle Management (ILM), digitisation and electronic archiving. More information are available here. You can already register for the session of date.