Compliance

Legal Admissibility and Evidential weight of Information Stored Electronically
 
Here in the UK, there is much discussion about the value of information stored electronically when requires as evidence in a court of law, or for other purposes. It is crucial that we Document Dynamix and you as a company share a common discipline so that the value of this information as evidence can be maximised.
Document Dynamix provides consultancy, training and support for all document management solutions and consultation for legal admissibility management and legal / regulatory requirements. Read more....
 
BSI PD 0008 - Document Management Legal Admissibility
Legal opinion notes that electronic documents (whether they are scanned copies of paper documents or original 'native' files) are very likely to be admissible in court. Typically, they will have the same evidential weight as original paper documents. However, it may be necessary to prove the authenticity of the electronic document. By following the advice given in the BSI Code of Practice (BIP 0008), your risk of not being able to demonstrate authenticity is significantly reduced.


BSI PD 0009 - Document Management Legal Admissibility
This publication will help you to demonstrate compliance with BIP 0008, by enabling you to document which controls from BIP 0008 have been implemented within your system. The Workbook also enables you to keep a record of the documentation required by the Code of Practice.
 

BSI PD 0010 - Document Management Legal Admissibility
This document gives details of five "Principles of Good Practice for Information Management". It was developed by a consortium of organisations in 1993, with an objective of achieving a position where an imaged document is treated in law as equivalent to the typed, printed or hand written paper document.
 

BSI PD 5000 - Document Management Legal Admissibility
Electronic Documents and e-Commerce Transactions as Legally Admissible Evidence': the BSI code of practice, PD 5000:1999, enables organisations to demonstrate the authenticity of their electronic documents and e-commerce transactions, so they can be used as legally admissible evidence.
  

BSI BIP 0012 Document Management Legal Admissibility
Personal information for business use needs to comply with the rules of the Data Protection Act 1998, regardless of the 'system' of document management. Indeed a secure information management system can help with compliance as for personal and confidential data, as it reduces the opportunity for theft or accidental loss. It can also ensure that the management of subject access requests for such data can be effected in an efficient manner.
 

BSI ISO 15489 - Document Management Legal Admissibility
Based on the Australian Standard AS 4390, Records Management, this International Standard was developed to standardise international best practice in records management. It provides guidance on managing records of originating organisations, public or private, for internal and external clients.
 

BSI BIP 0001 - Document Management Legal Admissibility
The Freedom of Information Act 2000 (or the Freedom of Information (Scotland) Act 2002) was fully implemented on the 1st January 2005. It was implemented as part of the 'Open Government' initiative, and requires public bodies to respond positively to requests for information from individuals. The Act specifies the maximum time that the public body has to respond to a request (typically 20 working days), and also sets out a charging mechanism.
 

Other Compliance - Document Management Legal Admissibility
There are many general and industry specific information management compliance requirements. The following is a selection, and not an exhaustive list:
- Companies Act 1985 (requirement to keep company records)
- VAT Act 1994 (requirement to keep VAT records)
- Limitations Act 1980 (limits how long legal action can be taken)
- Sarbanes-Oxley (USA, relates to financial organisations)
- Basel II (EU, framework for international financial regulation)
- MiFID (EU (to be published) Markets in Financial Instruments Directive)