วันศุกร์ที่ 26 มิถุนายน พ.ศ. 2552

Compliance and Regulation: Impact on global economy

After the occurrence of large companies like Enron and Worldcom, the strict application of laws in the world to ensure that managers and executives are responsible for their actions.

 The last meeting of the standards focus on greater responsibility and control in key business processes - the main currents ofr documenti and data management.

 ElHay two aspects of performance:

 • Due diligence in applying the rules

 • The need for legal protection in case of doubt or dispute

 Failure is not an option, companies where a major sanctions and administrators can be held personally responsible if the information is not in order. It is so important that companies comply with all rules, not on their specific soloulements field of activity, but also to the general business genéricosactividades.

 The consequences of failure are very serious, in December 2002, the SEC fines five Wall Street brokers, a total of $ 8.25m unsuitable for the storage of electronic communications (Forrester Research).

 Distribution of documents for the approval soit electronic or paper form, that in matters of security. What is unUTHORIZATION access to documents and informationentionen can access? This is particularly important to ensure compliance with laws such as Sarbanes Oxley Dee, for U.S. companies and their subsidiaries abroad, and the United Kingdom, the right of privacy and freedom of information.

 Processing software such as records TokAiro TokOpen the system responds to these challenges and should be executed automatically. The measures for access to the individual being examined, the ZCCESS istimitiert by certain persons and may take measures which they well controlled. The software can also provide access to information in a document diferentermation to different users or groups within an organization.

 This ability to display different information in a document seen by different users means that the different requirements of the Act on the protezionedati and freedom of information can be satisfied without diShould e necessity for copies of documents.

 This flexibility can be used with the approval of the hierarchy on the basis of the invoice. Therefore, if an employee does not authorize the payment of a bill of more than 500 ฃ for example, still from them, but it is automatically in May to a higher amount for the sign Décollage.

 Some of the latest regulations, and the possible impact on the strategies for the gesthion documents:

 Sarbanes-Oxley Act 2002

 This is a crucial factor in the management of documents with Enterprise Systems. In the U.S., bankruptcy is now a federal crime with a fine of up to 20 years in prison. In EE. UU.filiales in the UK are also required to comply with this legislation. The European Union should introdurree decisions on which countries.

 Under Article 302, CEO and CFO must certify that the Beziehungi to the exact financialand earnings. They must also demonstrate that they have created and assess internal controls to ensure the accuracy of recording and performance. Carencesncias in controls and fraud by gestiónnivel needs.

 Section 404 requires that the details of the annual internal controllos exist to ensure the accuracy of information and an evaluation of its effectiveness.

 Avewieder This can have a significant impact on a document management system. For example,game, control and without a clear vision to approve invoices for payment may be in violation of the Sarbanes-Oxley.

 Data Protection Act 1998

 Regardless of the document management system can lugaresce, personal information, for example finircial must comply with the 1998 Act on Data Protection. A document management system, TokOpen safe as it can help with compliance, since the risk of theft or accidental loss of contractualUlich data and personal communications. It can also œuvredes valid requests for such data.

 The law defines eight principles:

 1. Personal data shall be processed fairly and lawfully.

 2. It is obtained as pil our legalefectos some that are not processed in a manner incompatible with those purposes.

 3. To comply, and shall not in respect aufund the purposes for which it is processed.

 4. Mümust be accurate and, where necessary, updated.

 5. It should not be stored for more longtempsou required.

 6. Be treated in accordance with the rights of individuals under the law.

 7. Organizzativezione and technical measures must be taken to preventilación not authorized or unauthorized use of personal data and against loss, damage or destruction of personal data.

 8. Ies are no data an a country or territory outside the European Union, unless adequate protection of the rights and freedoms of the owner of the data is guaranteed.

 Freedom of Information Act

 This gives people a general right to diaccesso information held by or on behalf of public authorities. It is intended to promote a culture of accountability aperturay public sector institutions and to increase the understanding of CSome governments, because the decisions they do and how it is public money spent.

 Good paper must be an essential goal for all organizations, public and private, within the framework of the strategy to achieve the effectiveness of sistemiprese and to ensure that the information is easily accessible and well documented. Consequently, the authorities in accordance with mild Legislati that concern them, such as the Freedom of Information Act.

 The Grundsätzet  the basis of records management - creation, preservation, identification and recovery - is also aplican electronic media and paper. This means that the procedure for the e-mail address and other information in some of Chee and personal hard drives must be reliable and detailed than other cases.

 Conflicts in relation

 Document management systems, where data in question on the same document REFI the law on data protection und Freedom of Information Act, is to ledentialité, the other for the accessibility.

 The major document management systems, such as TokOpen, control pvedrebbe different parts of a document that compliance with the rules of conflict of laws.

 In a document, such as an application for the transfer, some of the information under the Freedom of Information Act, and the other parts of the documents are private acacceso strict sense and should conformémentannonce Controlleaß with the Data Protection Act. Some data should not be passed on to third parties outside the Bank, the private and SOLOdiversi use.

 Document management software to solve this problem by the internal data with the document by someone outside the bank. Users who have access are still able to see the full document.

 In the same example, the name and address of the applicant, vorSchutz datosLey and be seen by staff in Kontact with the customers, such as personnel or comunicazioneptabilité. The other employees do not have access to these documents for specific details. TokOpen document management software to ensure compliance with this.

 Document Management: The Way Forward

 The statutory requirements for increasingly complex emphasizes the need for firms to implement the Dokumentenerfassungund document management systems. Despite the fact that a document-Mamanagement system is a istituzioneciónrtant is not sufficient to ensure compliance. A broader view is necessary to ensure the future viability of their businesses to the changing laws.

 A court, the court will review the evidence on the basis of several criteria:

 • A clear and consistent with the obligation to document the process? This is a political document mesouventoder.

 • The procedures apply? This is a sharedResponsibility between management and document management system, select 's access and privilege.

 • The claims justified? It largely depends on the document management system audit.

 A policy document

 After the establishment of implementing regulations, documla a policy should address the following areas:

 Schutzesne extent of the information or
 Or the security classifications
 O Storage
 Or file format and verseionskontrolle
 Or standards (and compliance)
 O storage and destruction
 A liability or

  A guide to how the information is stored, and it is therefore important to ensure compliance. Should these importantsING:

 O Make sure everyone knows what they can do
 O Insert the HandelspraktikenIALI if
 Or read iluna why the action was carried out, for example, says the document was destroyed
 Larger weight of the evidencese or
 Guide for the authentication of documents or to increase the weighting
 O improve the Court considers that the tests

 You should also consider how much time should refer to the documents. It depends on the type of document and the specific regulation of the sector.

 This question raises a whole interesting. What Ela legal, if the original document is electronic? The best way to react in three phases.

 • Civil-Trials 1995

 or a certified copy will be accepted with equal weight to the original
 Then the controls are important changes to replace

 • Authorization

 Or, if the court this test?
 Or, what weight?

 • Appropriate procedures must be followed, regardless of whether the documents should be brought to justice

  PertaNT, taking into account the performance, because the weight of a legal document should also take into accountgt be. In addition, to ensure that documents and information are in compliance with the law enforcement, software, document management plays a central role in ensuring that optimizes pondérationtion the legal documents must be brought to justice.

 The improvement of the legal documents of the GewichtungHängt of three factors:

 • Information Management

 Management Systems (duty of care, control, etc.)
 Or operational Probleme (Management)

 • Legal

 or general (eg the law on data protection, storage of the invoice, etc.)
 or specific sectors (Compliance / règlementos etc)
 Or for the Organization (rules, etc.)

 • The need for a cleaning

 The entvolte have a duty to diligenza to ensure that they comply with the law. This can best be described as information security and let the following questions:

 • If a court is davon convinced that the information (data) has not been changed accidentally or maliciously ouCertains of them lost?

 Ie, due diligence or to view data

 • Essential criteria can be met

 O privacy (who has access?)
 Integrity or the (reliable?)
 O l 'access (which can be recovered?)

 Abstract

 Make sure the compliance with the laws of responsibilities between:

• Employees in accordance with clearly defined procedures document
 • Manage the implementation of this procedure
 • The document management system and the police to enforce the duty of care responsibilities

 Tokairo is a provider of system solutions persoluzioni for electronic document management and education.

 Visit for information Maggiori http://www.tokairo.com Ref = TO4EZ


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