On February 2, 2021 the implementation of the new Law on Archival Material and Archival Activity (“Official Gazette of the RS”, No. 6/2020) (hereinafter “the Law“) began.
The Law envisages new obligations of legal entities and entrepreneurs, related to the internal organization in relation to archival material.
The law prescribes that archival material is documentary material that is permanently kept and is created by the work and activities of companies, entrepreneurs, persons performing registered activities that are important for culture, art, science, education and other social areas. The competent archive determines which documents within the documentary material represent archival material. Documentary material consists of invoices, contracts of the company, but also all other acts that arise in the regular business of the company.
The Law applies to all legal or natural persons whose activities create archival material and who are holders of rights to archival material.
Transcript of the archival book must be submitted to the competent archive no later than April 30 of the current year, for all documentary material created in the previous year.
Creators and holders of archival material who are legal entities are obliged to adopt the following general acts:
- General act on the manner of recording, classification, archiving and storage of archival material and documentary material;
- List of categories of archival material and documentary material with retention periods;
- General act on the manner of recording, protection and use of electronic documents.
For non-compliance with the obligations provided by law, fines are prescribed for a legal entity in the amounts up to 2,000,000.00 RSD and up to 150,000.00 RSD for a responsible person in a legal entity.