The Data Privacy Act, in force in all EU countries, has had a major impact
on business data and records management. It imposes very significant
restrictions on what personal data you can collect, what you can do with it,
where you can send it and how long you can keep it.
John Montaņa
General Counsel
Cunningham & Montaņa, Inc.
29 Parsons Road
Landenberg PA 19350
610-255-1588
610-255-1558 fax
484-832-3260 mobile
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Bill Manago
Sent: Friday, August 18, 2006 3:05 PM
To: [log in to unmask]
Subject: Re: [RM] Issues driving records management in Europe
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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