Thank you, John. I will try to search for info on the scandals you mentioned. Have you seen anything on the following tidbits I found on the Dutch Archives website:
The 1995 Archives Act
The following definition of archival records is given: "records, regardless of their form, received or drawn up by government organisations and deposited there as such'. Every document, paper or digital, that fulfils a function in the performance of a task is therefore in principle a record or archival document.
2. The 2002 Regulation on the Arrangement and Accessibility of Records
The Regulation on the Arrangement and Accessibility of Records is an extension to article 12 of the 1995 Archives Decree. The regulation states that the most important requirements are that records must be authentic and that records must be readable and retrievable within a reasonable period of time. There are extra requirements for digital records. These refer to such matters as retaining extra metadata on the content, form and structure of a record, and technical data on conversion, migration, and storage formats.
3. The 1998 WOB (Open Government) Act
When archived records from government organisations are transferred to an archival repository, they are (in principle) made public by virtue of the 1995 Archives Act. Whilst records are still stored in government organisations, their public status is organised differently. In these cases the WOB comes into effect. The WOB gives everyone the right to request information from a government body. In this, as in the Archives Act, no distinction is made between the type of carrier for the record, whether it is paper or digital.
4. The 2001 Personal Data Protection Act
The Personal Data Protection Act has been tightened up to include records in digital form. The same legislation now applies to both paper and digital records.
5. The 2003 Electronic Signatures Act
In 1999 the EU adopted the a European Community framework for electronic signatures (Directive 1999/93/EC). In accordance with this directive, electronic signatures are now recognised as equivalent to those on signed on paper-based carriers. The law on electronic signatures in the Netherlands is derived from the European directive. It was adopted by the Upper Chamber (Eerste kamer) on 6 May 2003 and affective as of 21 May 2003.
Bill Manago, CRM
VP, Records Best Practices
CA MDY
Phone: + 1.954.358.2900
Fax: + 1.954.358.2905
Cell: + 1.201.519.4249
Email: [log in to unmask]
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of John Montaņa
Sent: Friday, August 18, 2006 2:24 PM
To: [log in to unmask]
Subject: Re: Issues driving records management in Europe
There have indeed been some spectacular European financial scandals. Two
that come up off of the top of the head are the Parmalat accounting fraud
fiasco and the Royal Dutch Shell overstatement of reserves scandal.
John Montaņa
General Counsel
Cunningham & Montaņa, Inc.
29 Parsons Road
Landenberg PA 19350
610-255-1588
610-255-1558 fax
484-832-3260 mobile
[log in to unmask]
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Bill Manago
Sent: Friday, August 18, 2006 1:54 PM
To: [log in to unmask]
Subject: [RM] Issues driving records management in Europe
Hello List,
I am researching issues such as legal and regulatory requirements that
impact records management in Europe, especially in the Netherlands.
Have there been any legal cases such as our Enron and Author Anderson
that have impacted European corporations? I would appreciate any
feedback regarding legal and regulatory issues and factors that impact
electronic recordkeeping in Europe. Thank you for your time.
Bill Manago, CRM
VP, Records Best Practices
CA MDY
Phone: + 1.954.358.2900
Fax: + 1.954.358.2905
Cell: + 1.201.519.4249
Email: [log in to unmask] <mailto:[log in to unmask]>
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