The Regulation on Unique Technical and Technological Requirements and Procedures for the Storage and Protection of Archival Material and Documentary Material in Electronic Form adopted in 2021 (hereinafter: “Regulation”) in accordance with the amendments from September 2022, begins to be applied from 1 January 2024.

The Regulation regulates the technical and technological requirements and procedures to be fulfilled by the creators and owners of archival material and documentary material when storing and protecting archival material and documentary material in electronic form (“Electronic Archiving”).

As a reminder, the Law on Archival Materials and Archival Activities (“Official Gazette No. 6/2020”) stipulates:

The Regulation applies only to archival material and documentary material created in electronic form, i.e. to archival material and documentary material that has been digitized (conversion of a document from non-electronic to electronic form) in such a way that the digitized document has the same evidentiary force as the original.

In accordance with the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette No. 94/2017 and 52/2021”), a document that has been digitized has the same evidentiary force as the original document if the following conditions are cumulatively met:

1.that document digitization was performed under the supervision of:

2. that the identicality of the digitized act with the original is confirmed by a qualified electronic seal or qualified electronic signature of the above-mentioned persons.

The Regulation stipulates that the creators and holders of archival material and documentary material have the following duties and obligations in connection with electronic archiving:

The creator and holder of archival materials and documentary material is required to, after selecting documentary material that is permanently stored, separate from the software solution for destruction any documentary material whose retention period has expired, by creating a request in electronic form with listed documentary material whose retention period has expired, which request is delivered to the competent authority public archive in eArhiv via the “eUprava” portal.

The creator and holder of documentary material is required to, after expiry of the period of 30 years from the date of creation of documentary material that is permanently stored, create a request in electronic form in the software solution and submit it to the competent public archive in the eArhiv, on the basis of which the competent public archive renders the act of determining archival materials for cultural heritage in accordance with the law.

 The Regulation does not define the periods in which electronic archiving will be carried out, although it is expected that the deadlines established by the Law on archival materials and archival activities, which provide for the submission of documentation once a year, no later than April 30th of the current year, for documentary material created in the previous year, will be followed.

Additionally, it has not been defined, nor is there an official interpretation, whether electronic archiving will only apply to documents created after 1 January 2024, which would be in accordance with the law on electronic document, or to documents created before entry into force of the Regulation.

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Disclaimer: The text above is provided for general guidance and does not represent legal advice. Copyright Cvetkovic, Skoko & Jovicic 2023

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