Not all archives necessarily need to have evidential value. La valeur probante (evidential value) is essential when documents must serve as legal proof, be enforceable against third parties (administrations, courts, partners, clients), or comply with strict regulatory requirements.
When is evidential value required?
You need la valeur probante in the following situations:
-
Documents with legal or contractual value: contracts, amendments, court decisions, notarized deeds, leases, etc. These documents must be available in case of disputes or audits to prove their authenticity and integrity.
-
Tax and accounting documents: invoices, supporting documents, ledgers, payslips. In tax or labor audits, authorities require records with evidential value meaning their origin, integrity, and date are verified.
-
HR and employee records: employment contracts, payslips, personnel files, where legislation imposes strict retention and enforceability conditions.
-
Regulated or sensitive documents: medical files, banking records, insurance documents, where compliance with standards and legal security are mandatory.
-
In the case of legal dematerialization: if you want to eliminate paper while retaining the same evidential strength, evidential-value archiving becomes indispensable.
When is evidential value not necessary?
For internal, working, or everyday communication documents, or archives that only hold informational or heritage value, evidential value is not required. These can be stored in less constrained systems without the need to guarantee integrity and authenticity at a legal level.
Summary
-
Mandatory: For documents that serve as proof, must meet legal obligations, or can be opposed to third parties.
-
Optional: For documents without legal or regulatory implications.
It is crucial, when implementing an Electronic Archiving System (EAS), to determine which documents require valeur probante in order to apply the appropriate technical and organizational measures (timestamping, sealing, electronic signature, traceability, etc.).
Contact us to go further
Do you want to clarify your needs, ask a question, or improve your digital archiving strategy?
The Arclib team provides expert support to guide you toward a sustainable, secure, and fully compliant solution.
Give your documents a reliable safeguard for the future: Contact us today.
