Articles 1 and 2 of Ministerial Order no. New prospects are thus opened up for Monegasque businesses, since a reliable digital copy preserved in conditions that prevent any alteration of its form and content will be able to replace a paper original. This represents a quarter of the living space of the offshore extension.” (…) Taking all sectors together, we think that the total gain in office space in the private sector will be around 15,000 m2. “Amaf estimates that 6,000 m2 of space in Monaco is currently occupied by the paper archives of banks and management companies, which are required to keep everything (balance sheets, audit reports, etc.) for at least seven years. Īrchiving is an obligation for companies (legal, regulatory) and a necessity (risk management and preservation of assets).Įlectronic archiving, which covers the same functions (adapted to the dematerialised format) of memory and proof as traditional archiving, must not be confused with computer storage (which consists of recording data on a computer medium for current or immediate use) or computer backup (which consists of copying data to another medium to be able to restore them to a previous state, in the event of failure).Įlectronic archiving is an important issue for Monegasque companies, given the small size of the Principality: The legislative and regulatory provisions on digital copies are applicable to documents and vouchers of all kinds, in the budgetary and accounting framework. However, if the original remains, the judge may request its production. Where the copy benefits from a presumption of reliability, “the original need not be kept and its destruction is authorised under conditions laid down by sovereign order”. – simple (until proven otherwise) for “a copy resulting from a reproduction of the content of the document, the integrity of which is guaranteed over time by a process that complies with conditions laid down by sovereign order”. – irrebuttable (incontestable) for the “enforceable or authentic copy of an authentic writing” However, there are two presumptions of reliability: The reliability of the copy is left to the discretion of the judge. 1.482 of 17 December 2019) in parallel with the overhaul of the regime of copying in terms of proof of obligations.Īccording to the new article 1181 of the Civil Code, the “reliable copy” (replacing the former notion of “faithful and durable copy”) has the same probative value as the original, whether or not the original survives. 1.283 of 2 August 2011 for a Digital Principality, amended (by Law no. The trust service of “document digitisation” and that of “electronic archiving” for the preservation of documents were introduced in Law No. Qualified status is granted by the Director of AMSN, on the basis of the report drawn up by the conformity assessment body and the result of the conformity check carried out by AMSN. 2020-893 of 18 December 2020, the Annex to which sets out the criteria for assessing compliance with the General Security Reference System (RGS- Référentiel Général de Sécurité) of PSCoQs.Ĭompliance with the RGS in the Principality of Monaco is verified by a conformity assessment body (which may be located in Monaco or in the European Union, and whose accreditation is verified by the Director of the AMSN) at the expense of the trust service provider, and by the Monegasque Digital Security Agency (AMSN). These specific requirements apply cumulatively with those of Ministerial Order No. 2021-247 of 25 March 2021 sets out in the Annex the requirements to be met by qualified trust services (SCoQ) for digitisation and electronic archiving, which are provided by qualified trust providers (PSCoQ). The security level of a digitisation or electronic archiving service may be simple or qualified. 8.099 of 16 June 2020 on trust services, which sets out the conditions for the application of Act n° 1.383 of 2 August 2011 for a digital Principality, as amended. Ministerial Order n° 2021-247 of 25 March 2021 ( JDM n° 8532 of 2 April 2021) implements articles 2 (qualified electronic archiving service) and 3 (qualified digitisation service) of Sovereign Order No. Digitisation and electronic archiving: evaluation criteria for qualified trust services (Ministerial Order No.
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