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.
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.
Sample Clauses: