HR Electronic Records

Romania - Natively Electronic Documents

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What is the legal value of native electronic documents (that do not require signature by the parties)?

The majority of legislation generally recognizes the validity and probative value of documents that are natively electronic (i.e., created as electronic originals), subject to compliance requirements.

Romania does not have a general legal framework on the validity of natively electronic records which do not require a signature. In principle, there are no direct restrictions on distributing and storing natively electronic documents, and documents that do not have a signature may qualify as “deeds” under the Romanian Civil code. In this case, they would have the probationary value of a commencement of proof and may be used in court with other means of proof (such as witnesses and presumptions). That said, this should be assessed on a case-by-case basis.

In the event an inspector requests access to a labor document during an inspection, the document should be provided in hardcopy format.

 

Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.

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