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The Legal Documents Archive of Austria's Lawyers Ra Prof. Dr. Wolfgang Heufler.

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Presentation on theme: "The Legal Documents Archive of Austria's Lawyers Ra Prof. Dr. Wolfgang Heufler."— Presentation transcript:

1 The Legal Documents Archive of Austria's Lawyers Ra Prof. Dr. Wolfgang Heufler

2 2 Archivium GmbH Company name: Archivium Dokumentenarchiv Gesellschaft m.b.H Founded on: 28 April 2006 Legal structure: limited-liability company under Austrian law Owners: RADOK GmbH Siemens Österreich Aktiengesellschaft Registered office: Friedrichstraße 2, 1010 Vienna Managing directors: Univ.-Lekt. Ing. Mag. Markus Schaffhauser, CMC RA Prof. Dr. Wolfgang Heufler Purpose of the company: To set up and manage with maximum security central archives on behalf of lawyers for legal documents.

3 Why electronic archives for legal documents? In IT we have files but no "original documents". For purposes of the company register and the land register, original documents create rights/titles and are therefore necessary. In court, the original document must be produced if a legal document is challenged.

4 A law to turn archived legal documents into original documents Legislative 'trick' – the Court Organization Act ('GOG') A file acquires the character of a true original document when saved in official archives (at top security standards). A vote of confidence for lawyers

5 5 Archivium - Benefits When filing legal documents in electronic form with the 'Archivium' archives, lawyers provide security for and expedient handling of all legal documents, and facilitate transactions with the files that have the quality of genuine original documents. 'Archivium' are universal, secure archives for the long-term keeping of original documents in any format – a new service which lawyers can provide to their clients and that offers potential for additional business. Since 1 July 2007, the law requires lawyers to use the archives when making applications to the company register or the land register. Geschäftsführer Archivium Dokumentenarchiv Ges.m.b.H

6 Archivium - Benefits New line of business for lawyers Long-term filing of sensitive data for clients, maintaining their character as original documents Closeness to clients (SMEs) Nation-wide service Electronic safe-keeping Expediting procedures Cost reduction (transactions and filing) Back-up for law-firm's own original documents

7 Archivium - Benefits The original documents in electronic form can be used for all transactions throughout Europe Clients can access their own legal documents at all times (7x24) Several courts can access one legal document simultaneously (e.g. simultaneous liens in several court districts) Proof of priority of intellectual property by archiving (receipt for filing with the archives) 7

8 8 Secure long-term filing in archives Technical security requirements Integrity Ensuring consistency of saved information Data must not be changed without previous knowledge Authenticity Knowing the source of any information Confidentiality Only authorized persons may look at data Codes have limited 'service life‘ Availability Information must be available in up-to-date form and in time Principles and Mechanisms Open standards Using cryptography (digital signature, encoding)

9 9 Archivium Smartclient – Login page

10 10 Archivium – System requirements Lawyer's ID with qualified certificate Card reading device Common commercial PC Printer (to print out receipts) Common commercial scanner Internet access Software Operating system: MS Windows 2000/XP/ Vista Browser: Internet Explorer 6 or higher Archivium software (provided free of charge)

11 11 Pricing and invoicing model Introduction of a transparent and simple fee model, i.e.: Triple Seven Model 7 years of archiving, 7 days per week of availability, 7 euros – fee (plus 35 cents - fee for invoicing unit, plus VAT) Per archived legal document for 30 years of archiving: 15 euros (plus 75 cents - fee for invoicing unit, plus VAT)

12 Archivium - Statistics Startup of operation: 1 July 2007 More than 5000 lawyers have installed Archivium to date More than 3700 lawyers archive legal documents regularly More than 3000 participants in training sessions More than 675,000 legal documents have been archived to date (tendency: numbers are rising quickly) 12

13 Archivium - Awards Best practice award by EU - September 2007 (Finalist European egovernment award) ebiz egovernment award 2007 – overall winner - Vienna ebiz egovernment award 2007 – 3 rd place in federal ranking Constantinus award 2008 – overall winner Austria Constantinus award 2008 – overall winner Vienna Austrian state award for consulting and IT 2008 13 State Secretary Silhavy awards prizes

14 ERV-SELC in Austrian Justice SELC-Secure Electronic Legal Communication

15 SELC-ERV via Internet and certificate 1989 started ( closed system) 2000 two way traffic opened 2007 changed to Internet (web) 2009 opened for land register

16 SELC-ERV What is transmitted? All kinds of applications, actions, appeals, notifications to all courts

17 SELC-ERV What comes back? All court decisions, protocols, new court appointments 24 hour service/ 7 days a week

18 SELC-ERV Attachments possible (PDF) Immediate transmission Saving postage and paper Electronic forwarding to clients

19 SELC-ERV Saving time: ( all documents, fotos, data delivered electronically by clients can be attached to the claim with one mouse-click only

20 SELC-ERV No more copies: Electronic access to court files around the clock Documents shared by large trials

21 SELC-ERV The Future: Communication via SELC with all authorities, insurances ( pilot projekt opened April 2010), banks and institutions secure and identified by software certificate

22 Thank you for your attention! Any questions?

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