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.
There is no specific requirement relating to natively electronic records in Sweden. They are generally considered valid, depending on the technical and security measures taken to ensure the record is safeguarded against data loss, corruption and unauthorized access. Technical measures may include:
- tools to prevent unauthorized access;
- safeguards against data loss/corruption;
- ensuring continued accessibility of the record; and,
- validations (time-stamps, record of the individual who created or modified the record, etc.)
Therefore, HR-related documents (e.g. employment contracts, letters of intent, etc.) can be created directly in electronic form, without need for a paper original.
Led by PeopleDoc’s Chief Legal & Compliance Officer, the HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers, including the global law firm Morgan Lewis, 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 PeopleDoc’s customers have employees. HR Compliance Assist is a service exclusively available to PeopleDoc customers.