NF Z 43-400

The French standard NF Z 43-400 is a relative text with the filing of the electronic data by means of the supports and of the techniques of data-processing micrography in black and white with chemical treatment liquidates, which thus does not treat other solutions used to file these data. This standard was approved on August 20th, 2005.

Context

The companies and administrations tend to develop their electronic productions more and more, either by the digitalization of documents initially drawn up on paper media, or by a production nativement électronique.
It is the case in particular within the framework of the rise of the electronic administration (formalities and declarations in network, administrative forms on line…) or of the formation of contracts per electronic way. The evolution towards electronics relates to information of all degrees of importance or gravity. The questions suitable for the continuity of the legal documents and the traceability thus form a critical reality there.

Concept of Traceability

The legislator made evolve/move the right of the proof, which integrates the concept of writing electronic since the reform of March 13rd, 2000, the law of confidence in the digital economy of June 21st, 2004 having then established the legal framework of the transactions passed by electronic way. In addition to the interest for each one to be able to prove the sincerity of its acts, no one cannot from now on ignore the applicable legal rules, in one more and more connected world, and where the use of “dematerialized” processes known as does nothing but increase the need for the traceability, the proof and the duty of truth.

Concept of perenniality

It is advisable to analyze that an electronic document is related to the software and hardware equipment. It results from this that the safeguarding of the electronic document cannot be summarized with its conservation as a stored physical object, because of fast obsolescence of these materials. Filing must make this information independent of the material and software platforms of origin, in order to guarantee the conservation of the data for the necessary lengths of time.

The normative body

In addition to a precise analysis of the functions of the filing of electronic data (functional and legal specifications), the normative body contains relative specifications:

with the options of data-processing micrography
with the methods of recording (line mode or image mode)
with the data administration recorded (titration, indexing, rupture…)

It also gives specifications relating to the legal aspects of the recording COM:

irreversibility, durability
formation of legal claims on microforms (original, faithful and durable copy…)
estampillage of the average microforms
of expertise
administration of the proof
application of Data-processing law the “and Freedoms”

It still brings recommendations relating to dual-recording COMCOLD (double exit of the same file in parallel on supports COM and COLD), like with the legal aspects of this one:

administration of the proof
application of Data-processing law the “and Freedoms”

Appendices

Appendix has

Legal aspects of the filing of the electronic data. This appendix informative approaches the right proof in a simple and rational way. In addition to the general regulation framework, are particularly studied the effects of the reform of March 13rd, 2000 relating to the writing in electronic form like those of the law of confidence in the economy of June 21st, 2004. This appendix determines in particular the filing of the evidence and chains of traceability.

Appendix B

Chronology of the reforms of the right of the proof. This appendix informative points out the influence of the principle of non-retroactivity of the laws on the filing of the legal documents and makes it possible to know the rules of evidence applicable to convincing information according to its date of establishment.

Appendix C

Implications of Data-processing law the “and Freedoms” on the filing of the electronic data. This appendix, resulting from a contribution of the CNIL, informs the speakers on the contents of Data-processing law the “and Freedoms” and enables them to manage their electronic filing in the respect of individual freedoms.

Appendix D

The process COM and microforms. This appendix contains a historical background and describes the process COM such as the general diagram, the processes of generation of the data, the materials of production, the funds of page and the various types of microforms COM.

Appendix E

the recording and micrographic treatment. Is indicated here how and why the process COM with chemical treatment liquidates (only archival medium of electronic data to have this faculty), cannot lead to another result only the irreversible and continual modification of the support (composition of silver film, process of recording, description of the chemical treatment liquidates, copy of microforms of which diazo copies and vésiculaires).

Appendix F

Recall of the methods of long-term conservation of the silver microforms. This appendix informative points out the conditions recommended to ensure one lifespan higher than the century recorded information, when such a conservation is necessary (description of the factors prejudicial, conditions of treatment, conditioning, furniture of storage, storage facilities, conditions of lighting, of temperature and moisture…)

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