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  Preservation Procedure Policy: Clarify legal context for preservation actions
Related Guidance Policy
Rights
Definition/ Description There may be requirements concerning the deposit of a collection with the organisation to ensure that preservation actions are undertaken within certain legal jurisdictions and this may limit the possible technical solutions. This could be the case with webarchiving.
The organisation needs to ensure that these requirements are part of the policy for this collection.

Why To be able to fulfil the terms agreed upon the organisation needs to be aware of all requirements.
Risks If the requirements are not implemented in the policy for the collection poor decisions can be made.
Life cycle stage Curate and Preserve, Create or receive, Ingest, Preservation Action, Access use and re-use, Transform, Dispose
 
Stakeholder Management: needs to ensure that all agreements are fulfilled
Technology Management: needs to ensure that the technical set up can fulfil all legal obligations
Cross Reference Access
Authenticity
Bit preservation
Functional preservation
Examples The Royal Library, Denmark:”Legislation regarding storage and access to these types of materials is more restrictive than for physical materials” Source: http://www.kb.dk/export/sites/kb_dk/da/kb/downloadfiler/PreservationPolicyDigitalMaterials_21092012.pdf
Control Policy For collection x:
Geographic locations SHOULD be in EU

For collection z
Geographic locations SHOULD be in EU or US
Questions to foster discussions
  • Do any of the collections have legal requirements for where preservation actions take place?
  • Do any of the collections have legal requirements for how the information is reproduced?
  • Do any of the collections have legal requirements for where the information can be accessed?
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