As we have written in one of our previous articles (available here), the implementation of the Regulation on Unified Technical and Technological Requirements and Procedures for the Storage and Protection of Archival Material and Documentary Material in Electronic Form (Official Gazette of RS no. 107/2021, 94/2022, and 116/2023) („Regulation“) commenced on January 1, 2024. This regulation governs so-called electronic archiving, i.e., unique technical-technological requirements and procedures that should be met by creators and holders of archival and documentary material during their storage and protection.

In the Official Gazette of RS no. 116/2023 dated December 26, 2023, the Regulation on Amendments and Supplements to the Regulation was published. These amendments and supplements also came into force on January 1, 2024, and the most significant changes include the following:

1. Storage of electronic documents

As regards the storage of electronic documents, the amendments and supplements have been made to differentiate between documentary materials permanently stored and those with a specific storage period. Namely, different obligations are prescribed for their creators and holders, as follows:

• Creators and holders of documentary material permanently stored in electronic form must ensure its reliable electronic storage in accordance with the Law on Electronic Document, Electronic Identification and Services of Trust in Electronic Business before submitting it to the competent archive.
• Reliable electronic storage of documentary material permanently stored in electronic form, submitted by creators to state bodies, organizations, bodies of territorial autonomy or local self-government units, institutions, public enterprises, and holders of public authorizations (hereinafter jointly referred to as „authorities“), is ensured through the respective authority.
• Creators and holders of documentary material in electronic form without a permanent storage period must ensure its integrity, authenticity, credibility, completeness, and usability through a qualified electronic signature or a qualified electronic seal.

2. Use of the eArchive software solution

Furthermore, it is stipulated that authorities, as creators and holders, perform reliable electronic storage by using the eArchive software solution, which is part of the archival information system. An exception is made for the eArchive of the Military Archive, which operates independently and is not part of the archive information system.

In relation to this, the provision requiring all creators and holders to perform electronic archiving in the software solution, i.e., information system for reliable electronic storage, has been removed.

In other words, the Regulation now specifies that authorities perform reliable electronic storage by using the eArchive software solution, while other creators and holders ensure reliable electronic storage in accordance with the Law on Electronic Document, Electronic Identification and Services of Trust in Electronic Business, as well as the by-laws enacted based on the law.

3. Other novelties

Regarding the submission of archival material, i.e., documentary material intended for permanent storage after 30 years from its creation, it is specified that creators and holders submit requests electronically via the „eUprava“ portal to the relevant public archive in the eArchive.

Concerning the separation for destruction of documentary material whose storage period has expired, the process is outlined by creating a request in electronic form with a listed documentary material documented in the archival book.

In conclusion, the provision on revocation of access rights for creators and holders after submitting archival material to the relevant public archive has also been removed.

This article is to be considered as exclusively informative, with no intention to provide legal advice. If you should need additional information, please contact us directly.