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.
The laws regulating the digital archiving of data and documents in Serbia are the Electronic Document, Electronic Identification and Electronic Business Trust Services Law (Official Gazette of the Republic of Serbia no. 94/2017 and 52/2021) (EDA) and related bylaws, and the Law on Archive Materials and Archival Activity (Official Gazette of the Republic of Serbia no. 6/2020) (LAM). Under the Law, scanned and stored records have the same validity as the paper original if they meet the two below conditions:
Electronic archiving in Serbia should follow several recordkeeping requirements, per the EDA:
If records will be held longer than five years, data should be stored in a format appropriate for long-term storage. The Serbian Government has adopted additional requirements relating to recordkeeping and storage. These regulations obligate the company to adopt an internal Rulebook regulating both the conditions in which electronic documents can be archived and the appropriate format for extended storage. The EDA is unclear on whether the above requirements apply to all electronically archived documents, or only to publicly important documents (under relevant legislation). At this time, there have been no court cases that would clarify this ambiguity.