Prepared by Andrea Werner Beilin and Francesco Mariani
The determination n. 404/2020 issued by the Agency for the Italian digitalization (hereinafter “AgID”) dated September 9, 2020 provides for new Guidelines on generation, protocol, management and storage of electronic documents.
The new Guidelines, that will enter into force starting from June 7, 2021:
- update the current technical rules according to art. 71, legislative decree n. 82/2005 (better known as “CAD”) concerning the generation, protocol, management and storage of electronic documents;
- create a unique law reference providing a unique guideline on the generation, protocol, management and storage of the electronic documents.
In this regard, the above Guidelines will replace, starting from June 7, 2021, the Prime Minister Decree dated November 13, 2014, containing provisions on “Technical rules on the training, transmission, copying, duplication, reproduction and time validation of computer documents” and the Prime Minister Decree dated December 3, 2013, related to “Technical rules on the conservation system“.
The new Guidelines will be addressed both to the public administrations and private companies (e.g. companies that provides e-archiving services).
The Guidelines are made by for 4 chapters, 36 paragraphs and 6 technical annexes.
In this respect, please find below a general description of the content of the document:
- generation of electronic documents: the Guidelines provide the requirements for generating electronic documents and the methods to be used to ensure the integrity and immodificability of the content;
- detailed rules for IT copies (digitalization of the documents): the Guidelines provide the requirements for the digitalization process that should be adopted;
- electronic document management: the Guidelines regulate some organizational aspects on the e-archive, such as the protocol and classification of electronic documents, the documents management manual, the storage plan and security rules.
- electronic archiving: the Guidelines provide new requirements in relation to interoperability standards, the person responsible for e-archiving, the e-archiving manual, the structure of the e-archive, the discarding of the documents and the metadata associated with the e-document.
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