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  Preservation Procedure Policy: Comply with national legislation and contracts with business partners
Related Guidance Policy
Rights
Definition/ Description An organization preserving digital collections should know and document what the national (archival) legislation applies to the holdings of the institution. If the institution should comply with any national legal deposit / national archival legislation scheme.  This legislation often states both what kind of material is to be acquired and preserved, for how long, and who may access or require a copy of the archived material. The specific conditions stated in the legal deposit act / national archival legislation concerning the digital preservation and the access to and use of the digital material should be part of the policy for digital preservation in the institution.

For information and data which can identify individuals extra security measures should be put in place. This might be data such as census returns or population studies, or it might be held within collections of private papers.  This kind of information can be subject to legislation on personal data security.

The organisation should ensure that the policy and access measures address the implications of unintended release and that the legislation that applies to personal data is considered in the policy.

In some cases the organisation may enter into a contractual relationship with a third party in order to provide preservation services.

The institution should make sure that the parts of the collection which the contract applies to are known and identified as such in the preservation framework.

The organisation should ensure that the requirements in the contract are implemented in the digital preservation framework of the organisation.
Why The institution needs to obey the national legislation and any contracts with business partners in order to fulfil its mandatory obligations.
Risks The institution risks law suits or security breaches if the institution does not obey the national legislation and business contracts.
Life cycle stage Create or receive
Ingest
Access, use and reuse
Stakeholder Management: needs to ensure that the organisation fulfil its legislative responsibilities
Operational Management, Technical Management and System Architect need to implement the necessary measures
Cross Reference Access
Standards
Organisation
Metadata
Examples Cornell University Library “…define policies and procedures for the preservation and availability of digital assets respectful of intellectual property ownership and rights” Source: http://ecommons.library.cornell.edu/handle/1813/11230
Control Policy For collection x
•             Deposit agreement IS <value>
•             Geographic locations SHOULD be in EU
•             Number of copies of file >= 3
Questions to foster discussions
  • Does any national legal deposit or archival deposit scheme apply to your organisation?
  • Does any of the information held have the information in it capable of identifying individuals?
  • Does your organisation have any contracts with external depositors of data? 
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