What does legally-valid archiving mean?

What does legally-valid archiving mean?

A document kept digitally only has value if you can prove it wasn't altered after registration.

Răspuns scurt

  1. Legally-valid archiving means the digitally kept document can be used as evidence, just like the original.
  2. The reference framework in Romania is Law 135/2007 on archiving documents in electronic form.
  3. The basic conditions are document integrity, source identification, an access record and retention throughout the full legal period.
  4. The law also provides for the role of an accredited electronic archive administrator, for situations where it is expressly required.

Careful phrasing matters here: check, for each document type, whether the law requires keeping the paper original or filing with an accredited electronic archive administrator.

What the law says (in brief)

  • Law 135/2007 (republished) establishes the regime for a document archived in electronic form and the role of the electronic archive administrator.
  • Law 16/1996 imposes the document creator's obligations regardless of the medium used.
  • Law 82/1991 and OMFP Order 2634/2015 set the periods for financial-accounting documents, which must also be respected in the digital archive.
  • Regulation (EU) 2016/679, Art. 5(1)(e): retention stays limited to the stated purpose, even if the document has evidentiary value.

Practical examples

  • A scanned acceptance report only remains useful as evidence if you can show the file wasn't replaced after registration.
  • In a dispute, the first practical question is "who had access to the document, and when" — the answer comes from the access log.
  • An internal decision approved in 2019 must be retrievable in 2026 in exactly the same form, with its approval history attached.
  • A permit whose validity has expired stays in the archive until its retention period is met — it isn't deleted on expiry.

Common mistakes

  • "Scanned" is confused with "archived with legal value".
  • The document sits in a folder where anyone can overwrite the file with a new version.
  • The paper original is destroyed without first checking the rules for that type of document.
  • There's no log showing the document's history at all.
  • The backup is kept on the same server as the archive.

How 4docs helps

  • The registered version is locked: later changes become new versions, they don't overwrite the original.
  • A complete access log, exportable for an inspection or a dispute.
  • A structure by fund and inventory, following the records retention schedule.
  • Export of the complete file, with documents and history, into a single archive.

Electronic signing under the eIDAS Regulation 910/2014 is not a 4docs feature. For contracts and digital signing, use the dedicated product: 4mycontracts.net

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What does legally-valid archiving mean? Conditions and Law 135/2007