The Simplification Decree (Decree-Law 76/2020), converted into Law no. 120/2020, introduced numerous amendments to the Digital Administration Code (CAD), including provisions regarding the digital records preservation service. Specifically, Article 34, paragraph 1-bis, stipulates that:
‘Public Administrations may proceed with the preservation of digital records: a) within their own organizational structure; b) by entrusting it, in whole or in part, in compliance with current regulations, to other public or private entities possessing the quality, security, and organizational requirements identified, in accordance with European regulations, in the Guidelines pursuant to Art. 71 on the formation, management, and preservation of digital records, as well as in a Regulation on the criteria for the provision of digital records preservation services issued by AgID and the related Annex A and Annex B. Regard is given to the need to ensure the conformity of preserved records to the originals, as well as the quality and security of the preservation system.’
The preservation of digital records on behalf of Public Administrations by external entities must comply – in accordance with European regulations – with the Guidelines on the formation, management, and preservation of digital records as well as the aforementioned Regulation, both adopted by the Agency for Digital Italy (AgID). These acts mark the superseding of the previous accreditation mechanism for preservation service providers.
The Regulation and its related annexes on the criteria for the provision of digital records preservation services provide for the establishment of a list (Marketplace) for preservation services, published on conservatoriqualificati.agid.gov.it, where public and private entities intending to provide digital records preservation services on behalf of Public Administrations can register.
Registration in the Marketplace is not mandatory; however, providers intending to participate in procurement procedures initiated by Public Administrations, starting from January 1, 2022 (the date of entry into force of the Regulation), must nonetheless possess the requirements set out in the Regulation and are subject to oversight activities by AgID (excerpt from the Regulation).
For registered entities, inclusion in the Marketplace has a duration of 48 months from the date of registration, renewable in accordance with the provisions of Art. 6 of the Regulation.