2014-04-04 paperfree web•tech•law presentation
DESCRIPTION
I presented at an event to promote the PaperFreeWeb movement and spoke about paper-less workflows and some of the legal issues to bear in mind when shifting to a digital workflow.TRANSCRIPT
2014-04-04
PaperFree Web•Tech•LawMy paper-less business and some of the legal aspects
About me and my work
My name is Paul Jacobson!!
I am Web•Tech•Law’s managing director !and a digital risk strategist
I have an allergy to paper !(among other things)
I haven’t relied on paper files for several years
My workflow
Everything is scanned or digitised!as soon as possible.
This is my workspace
My workflow is optimised for digital
Paper is collected!in a tray for!processing
Everything is scanned!(documents, receipts,!vouchers, everything)
I capture info and!short documents!with my iPhone
Captured into!Evernote for later!
reference
Option 1
Option 2
Even handwritten notes!are captured digitally
01
Backups are essential - local and offsite
We contract with clients online*
*Take a look at http://webtechlaw.com/client-registration/
Submission !data + Contract!
confirmation + Contract!text
Your digital contract
Identification!Authentication
Signature!Assent Agreement
You have to consider the medium and the user experience in a digital context
The legal stuff (well, a taste)
“Information is not without legal force and effect merely on the grounds that it is wholly or partly in the form of a data
message.”
– Section 11, Electronic Communications and Transactions Act
“‘data message’ means data generated, sent, received or stored by electronic means and includes—!
(a) voice, where the voice is used in an automated transaction; and!
(b) a stored record;”
–“data message” definition
“Writing.—A requirement in law that a document or information must be in writing is met if the document or information is—!
(a) in the form of a data message; and!
(b) accessible in a manner usable for subsequent reference.”
– Section 12, Electronic Communications and Transactions Act
Electronic signatures
“data attached to, incorporated in, or logically associated with other data and which is intended by the user to serve as a
signature”
Identity or!authentication
Indication of!approval
“Where the signature of a person is required by law and such law does not specify the type of signature, that requirement
in relation to a data message is met only if an advanced electronic signature is used.”
– Section 13, Electronic Communications and Transactions Act
Originals
Integrity preservation!assessment
Information capable!of being displayed
Is the information!complete and!
unaltered?
Purpose for which!information was!
generated
All other relevant!circumstances
Data retention
Subsequent!reference
Accurate!representation
Verify origin and!destination
01
Consider the disadvantages
Protect your data
Confidentiality Data protection!compliance
01
Suggestions
✤ Longer or more complex pass codes!
✤ Secure data storage devices!
✤ Limit password attempts!
✤ PIN codes on storage apps (Dropbox, Evernote)
Thank you for your time
