Digitization: Ensuring legal certainty in the company’s digital transformation process is essential

Has your company digitized or ever digitized its documents? The question few ask is: was this digitization done correctly?

Document digitization is an essential tool for modernization and operational efficiency. Its benefits include reduced physical storage costs, space optimization, faster access to information, easier sharing and document management, as well as the mitigation of risks associated with physical archives—such as loss, deterioration, misplacement, fire, and other events that could compromise information availability.

However, many organizations believe that scanning a document is enough for it to automatically acquire legal validity and allow for the disposal of the paper original. In reality, that is not the case: not all digitized documents hold legal weight.

For a digital document to effectively replace a physical one, specific legal and technical requirements under Decree No. 10.278/2020 must be met. Essential security criteria must be observed, including authenticity, integrity, traceability, and a digital signature compliant with the Brazilian Public Key Infrastructure (ICP-Brasil) standard. The aforementioned Decree also establishes minimum technical standards—such as resolution, color, and file format—as well as mandatory minimum metadata.

Therefore, storing files in compliance with these requirements is fundamental to ensuring that the digitized document maintains its reliability, integrity, and evidentiary value over time.

Additionally, certain document categories require extra care. This is the case, for example, with medical records and health-related documents, whose digitization must strictly comply with Law No. 13.787/2018, as well as complementary industry regulations.

The lack of adequate controls can lead to significant consequences, such as:

• documents lacking evidentiary value;

• regulatory risks; and

• vulnerabilities in legal proceedings.

That is why, before eliminating physical archives, freeing up space, and permanently migrating to the digital environment, it is crucial to assess whether the process adopted meets all the necessary criteria to ensure legal certainty for the company.

At Peck Advogados, we assist companies with corporate governance through the analysis and tailoring of document digitization processes—evaluating legal requirements, operational controls, retention schedules, and regulatory compliance to ensure digital transformation occurs with maximum legal certainty and risk mitigation.

For more information or to schedule a meeting with our specialists, please contact us at contato@peckadv.com.br.

Prepared by: Dra. Graziella Rosa, Head of Digital Advisory; Dra. Bianca Melo and Dra. Sofia Diniz, Digital Advisory Associates.

AUTHOR

• Bianca Melo
• Sofia Diniz
• Graziella Rosa