Storage Procedures and time limits

Format of Storage

Storage Procedures and time limits.

The requirements for storage of Electronic Data Interchange messages have in some countries been set up by legislation, in most cases fiscal legislation. In those countries where no provisions have been made for Electronic Data Interchange storage, analogy should be applied by reference to the paper. The time of storage requirements is different from country to country [or of state to state] and may also vary according to the area and circumstances.

For this reason, the parties should ensure that the specified time of storage complies with any national legislation. The Uniform Rules of Conduct for Interchange of Trade Data by Teletransmission (edited by the International Chamber of Commerce) suggest a period of storage of three years. The same duration of storage has been adopted by the fiscal legislationof some countries. Such a period of time should be considered as a minimum requirement to store information in a accurate and secure way. This time period of three years is suggested as the time limit to consider by parties, should there be no other legal or customary requirement.

If the requirements of national law vary compliance with the laws in question should be ensured. It must be stressed that laws of many countries require a period of storage, of 7 years or more. It must also be emphasized that such storage may need to be ensured for various purposes, including but not limited to, audit, accountancy, tax, evidence and other administrative or legal requirements. It is recommended that careful storage of the information be ensured. The Electronic Data Interchange messages sent or received should, for the security of the transaction, be stored completely and in a chronological order, in a secure way and without alteration.

Certification of the data-log may be necessary or desirable for the purposes of introducing the data-log as evidence. More legal requirements in connection with the storage of the data may exist at national level and should be carefully followed.

Format of Storage

The data transferred using Electronic Data Interchange should be stored in the agreed format (see user manual) in which it has been sent or in the format in which it has been received.

This is the format of the data which can be considered as originally received and will constitute, if necessary, evidence of the Electronic Data Interchange message as it has been sent or received, before any translation of the message has happened.

If an Electronic Data Interchange message has been electronically signed, it will only be possible to verify it against the format in which the message has been sent.

The data should also be stored in the format in which it is translated in the information system of the receiver or from the information system of the sender. This will, however, be a matter for decision of` the parties. The readability of, and the possibility to print out` the messages are crteria most required by national legislation and should be complied with. To ensure that readability is maintained, any material, software or any other operational equipment which may be required to access the data and read it, should be retained by the parties, even in the case where updating of systems have occurred. The parties may wish or need, in such cases, to keep the availability of such equipment without retaining it themselves. Such possibility should only be relied on after verification of national legislation requirements.

Each party should prepare a permanent copy of its data-log at a frequency which would depend on the quantity of transactions. Some regularity is desirable if the permanent record is to be admissible as evidence in legal proceedings as routinely prepared business record.

To ensure that all documents sent have been received the premanent copy of the data-log should be delivered to the other party for reconciliation purposes and a procedure for objection should be specified.

• A Data-log, including any Electronic Data Interchange Message as sent and received, shall be maintained by each of the Parties without any modification for a minimum period of [insert number of] years/as specified in the User Manual,following the completion of the transmission.

   

• Parties shall ensure that electronic or computer records of the Electronic Data Interchange Messages shall be readily accessible, are capable of being reproduced in a human readable form and of being printed, if required. Any operational equipment required in this connection shall be retained.

   

• Each Party shall designate one or more individuals with appropriate authority as the persons responsible for the systems and procedures relating to the recording and storage of the Data-log.Any such authorised person shall be competent to certify the accuracy and completeness of the Data-log.

   

• At the end of each period as specified in the User Manual or more frequently as a Party may wish, each Party shall prepare a permanent copy of its Data-log for the immediately preceding period. The permanent copy for that period shall be certified by one of the persons authorised pursuant to paragraph above and prepared in duplicate in an unalterable form of electronic or optical media as specified in the User Manual. If not more than [insert number] Electronic Data Interchange Messages have passed between the Parties during that period, a Party may, at its option, prepare the permanent record of the Data-log for that period in written form.

   

• Each Party shall deliver one duplicate of its permanent Data-log to the other who shall have a period of [insert number] days following receipt to compare it with its own, and shall give notice to the other stating the details of any objections with respect to the accuracy or completeness of the record received. In the absence of any such notice of objection upon the expiry of that period the permanent record of the Data-log shall be conclusively deemed to have been accepted as accurate and complete by both Parties. Each Party may retain the other Party's Data-log for such period of time as it considers appropriate.