Luxembourg legal update — March 2013: reform of rules for electronic archiving

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This section of Arendt & Medernach’s Luxembourg legal update for March 2013 focuses on the ground-breaking reform of rules for electronic archiving.

A draft bill aimed at introducing new rules for electronic archiving was filed with the Luxembourg Parliament on 13 February 2013. 

The purpose of the proposed new law is to better address the needs of businesses with regard to the organisational and technological realities of document archiving. 

The main feature of the bill is to acknowledge the legal value of electronic copies and to put in place a new legal presumption according to which the evidential value of electronic copies of certain types of documents may not be legally challenged if they have been created in accordance with applicable legal conditions. The crucial point of the new rules is that the existence of the original copies no longer poses a threat to the value as evidence of the electronic copies, as is currently implied under article 1333 of the Civil Code…

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