Archiving of electronic documents – new regulations (draft)

According to a recent Government press release, the Executive has adopted a draft law for the modification and completion of some normative acts related to the archiving of electronic documents, a document that aims to streamline the activities of public administration authorities and institutions in the archival field and to integrate Romanian archival practice into the general framework of archival practice in the European Union.

We mention that the document clearly establishes who has the task of archiving electronic documents, namely the creator or the owner of the documents. At the same time, the document also states that public authorities/institutions will be able to carry out electronic archiving of documents without going through accreditation/notification procedures specific to economic operators that carry out operations for commercial purposes.

In addition, the terms “electronic archive”, “electronic archiving”, “electronic archive repository” and “electronic document” are defined and certain obligations are established for creators and holders of electronic documents.

It also regulates the archiving of classified electronic documents, namely by means of secure and accredited information and communication systems corresponding to the level of classification of the information contained, in accordance with the legislation on the protection of classified information.

It is important to note that the draft law also provides that the Director of the National Archives shall establish specific procedures for the organization and conduct of archival activity of electronic documents within 30 days of the entry into force of the normative act.