2014-04-04 paperfree web•tech•law presentation

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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.

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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

Paul Jacobson!!

paul@webtechlaw.com!!

083 444 8260!!

@pauljacobson

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