At European level, the eIDAS (Electronic Identification and Trust Services) regulation 910/2014, which has been fully implemented since the 1st of July 2016, has clearly demonstrated the willingness of member states to democratise digitisation by:
- enhancing the security of electronic exchanges;
- recognising the universal value of the electronic signature;
- granting the legal value to a digital document.
While Luxembourg has been a precursor with this new law, other countries have also embarked on the path of digital transformation by introducing an attractive legal regime for electronic archiving. However, no other country engages the state through the certification of service providers, such as the PSDC status in Luxembourg.
By archiving in Luxembourg, companies in those countries could therefore both exploit their national legislation and benefit from the guarantees offered by the PSDC status.
Indeed, the rules and requirements to which Labgroup must comply as a PSDC are equivalent to those established by the Belgian law of July 21, 2016, called Digital Act, and the French decree of December 5, 2016 on the reliability of the copies and taken for the application of Article 1379 of the Civil Code.
The French and Belgian judges will, therefore, find, in the certified conformity of the PSDC in Luxembourg, objective reasons to rule favourably on the reliability of the digital copy.