MOLITOR Avocats à la Cour

Luxembourg: a new heaven for e-archiving?

On 21 January 2003, the Luxembourg government filed a new draft law and Grand Ducal Regulation on the dematerialisation and archiving of documents. These drafts were very much expected by professionals and should make Luxembourg a venue of choice for data centres and e-archiving. They aim at taking into account technological advancement, as well as at improving confidence in digital storage.

To this end, digital copies, under certain conditions, are accepted in place of the originals, which thus can be destroyed in complete safety. This is especially so for digital copies created by newly regulated providers, i.e. the ‘PSDCs’ (Prestataire de Services de Dématerialisation ou de Conservation). The activities of PSDCs in the financial sector will also require the prior authorisation of the Ministry of Finance. The law is expected to pass on 2013.

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