La valeur probante refers to a document’s ability to be recognized as legal evidence enforceable before a court or an administrative authority just like an original paper document.
In the context of an SAE, this means that archived electronic documents retain the same legal force as their physical counterparts, provided that specific technical and organizational safeguards are implemented.
The Three Pillars of la valeur probante
For an electronic document to possess la valeur probante, it must meet three fundamental requirements:
Authenticity:
It must be possible to unambiguously identify the document’s author and creation date, and to guarantee that it genuinely originates from the claimed source. This relies on mechanisms such as timestamping, electronic signature, and digital sealing.
Integrity:
The document must be preserved in an unaltered state, with no possibility of modification after archiving. Techniques such as digital fingerprinting (hashing), cryptographic sealing, and full audit trail tracking are used to ensure this integrity.
Readability (Intelligibility):
The document must remain readable and usable over time, achieved through the use of open and standardized file formats (e.g., PDF/A, XML, TIFF), ensuring that any authorized user can access and understand it even years after its deposit.
Implementation Within an SAE
An evidential-value SAE implements both technical measures (timestamping, sealing, electronic signatures, non-rewritable storage) and organizational processes (access management, internal procedures, documentation) to ensure these three principles throughout the document’s lifecycle.
Such a system meets the requirements of standards like NF Z42-013, which governs legal electronic archiving practices in France.
Key Benefits for Organizations
Evidential-value archiving enables companies to digitize their processes while retaining the ability to produce reliable evidence in the event of an audit, inspection, or litigation. It also ensures regulatory compliance and the long-term preservation of strategic information.
In an SAE, la valeur probante provides assurance that archived electronic documents can serve as legitimate legal evidence through guaranteed authenticity, integrity, and readability across their entire preservation period.
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