Although some countries require certain types of documents to be kept and archived in their original paper form, for most categories of documents, including HR-related records, there is no such requirement, and it is generally acceptable to use electronic versions of paper records (i.e., scanned copies of paper originals) during most government agencies’ inspections and audits or in court proceedings.
The evidential or probative value of electronic versions of paper records may be more easily challenged before a court than it would be for the originals. This is mainly because the original records could be tampered with or changed before being scanned, and, unless proper technology has been used (e.g., encryption and timestamping), it may not be easy to detect such changes from a scanned copy. In specific situations, it may be good practice for employers to retain archives of paper originals in the event such originals would be requested by a specific investigator, auditor, judge or authority.
Effective September 20, 2019, Law 13.874/2019, known as the Economic Freedom Act, modified a few bodies of law relating to creating and storing documents electronically. Additional regulations will be issued by Brazil’s Federal Government.
Under the new rules, it is the right of any person essential to the economic development and growth of Brazil to archive documents via microfilm to digital means. If the digitization is completed in accordance with the requirements established by the regulations, the electronically scanned copy will be considered to have equal value to the physical document.
Private documents can use any means to prove whether the authorship, integrity, and, confidentiality (if applicable) of an electronic document is valid. Note that all involved parties must agree, the document must be accepted by the individual against whom the record applies, or, regardless of the individual’s acceptance, the digitization of the document used a Digital Certificate.
Law 12.682/2012 (as amended) sets specific procedures to create and store documents electronically. New digitization rules include that:
Electronic archiving systems should protect documents from unauthorized access, use, alteration, reproduction, and destruction. In addition, minimum system requirements include the ability to:
HR Best Practices: The Economic Freedom Act and recent modifications to existing laws will likely enable employers to use more electronic records, provided that required procedures and certifications are complied with.