A digital safe is a tool for storing, backing up, archiving, filing and maintaining documents. Such a device thus makes it possible to secure sensitive data.

1. The definition of a digital safe

a. The legal regime of the digital safe

The digital safe is precisely defined by article L. 103 of the Postal and Electronic Communications Code and allows:

• “The reception, storage, deletion and transmission of electronic data or documents under conditions that make it possible to justify their integrity and the accuracy of their origin”;
• “The traceability of the operations carried out on these documents or data and the availability of this traceability for the user”;
• “The identification of the user when accessing the service by means of electronic identification”;
• The guarantee of exclusive access: “to electronic documents, user data or data associated with the operation of the service to this user, to third parties other than the digital safe service provider, explicitly authorized by the user to access these documents and data”;
• “The possibility for the user to retrieve documents and data stored in an open standard that is easily reusable and usable by an automated data processing system”.
  

B. The legal regime of the digital safe

Article R. 55-1 of the Code of Postal and Electronic Communications Code provides that: “The provider of a digital safe service is required to provide clear, loyal and transparent information on the methods of operation and use of the service, prior to the conclusion of a contract.

Before the user is bound by a contract for the provision of a digital safe service, the service provider shall provide the user with the following information in a legible and understandable manner:

 1. The type of space made available to it and the associated conditions of use;

 2. The technical mechanisms used;

 3. The privacy policy;

 4. The existence and methods of implementing guarantees of proper functioning;

 5. Its commitment to the conformity of the service with the requirements set out in 1 to 5 of article L. 103.

This information is also made available online and, where appropriate, updated.”

2. A highly secure system

Different standards govern the digital safe:

• The French standard AFNOR NF Z42-013, published in 2009, transposed as an international standard under the name ISO 14641-1 in 2012 by the International Organization for Standardization, guarantees data protection through archiving and recording (art. R. 55-4 of the Postal and Electronic Communications Code);
• The French standard NF Z42-020 is specific to the CCFN safe. It ensures integrity digital data, their confidentiality as well as their availability (art. R. 55-3 of the Postal and Electronic Communications Code).
  

Article R. 55-5 of the Postal and Electronic Communications Code states that: “The identification of the user when accessing the digital safe service is ensured by an electronic identification means adapted to the security challenges of the service.”