Chapter 5: Legal obligations to preserve data
As illustrated in Chapter 2, examples of the practical relevance of having an intelligent digital preservation solution in place may be found in numerous areas of law. This chapter will complement that initial discussion by highlighting obligations to retain and preserve data that apply to all enterprises (non-sector-specific obligations) and corresponding additional obligations for undertakings operating in selected business areas (sector-specific obligations). At the present time, a uniform legislative approach towards the regulation of the preservation of information, or indeed the preservation of digital data, has not yet evolved. There is no European record-keeping framework, nor have individual Member States of the European Union enacted relevant record-keeping legislation. Legal requirements in respect of digital preservation may thus be found fragmented in many different areas, where a need to document and keep information exists, e.g. for the purposes of a trial or to ensure compliance with provisions laying down explicit obligations for data preservation. Given the vast amount of national and European laws containing provisions obliging natural persons, enterprises or state bodies directly or indirectly to retain data, section 3 (sector-specific obligations) focuses on selected areas with an inherent need for digital preservation solutions. Since a uniform assessment of all business sectors is not feasible, the section will highlight record-keeping obligations in those selected areas.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.