Checks / Obligations / Keep records that stand up in court
Obligation · 12 controls · 2 laws
Keep records that stand up in court
Records must be made in the normal course of business, kept safe from change and backed by someone who can vouch for them.
What to put in place
Name a records officer, document custody of records and keep evidence the system worked correctly.
Policy wording you can use
[your organisation] creates its records in the ordinary course of business, protects them against unauthorised change, documents their custody and names an officer able to certify them.
Prove it once
Describe or link the evidence that this is in place: the policy, the page, the document reference. It is sealed once and applied to all 9 controls here that take a yes or a document (the rest need their own number or date and are listed after).
Every control that asks for this
UK evidence and records law
- Evidence Act 1938 s.4 - proper custody of records documented
- CEA 1995 s.8 - copies can be proved identical to the original
- CEA 1995 s.9 - records made in the ordinary course of business
- CEA 1995 s.9 - officer named to sign a business records certificate
- ECA 2000 s.7 - records sealed or electronically signed
- ETDA 2023 s.2 - records protected against unauthorised change
- ETDA 2023 s.2(5) - system independently audited
- Limitation Act 1980 s.5 - contract records kept >= 6 years
- Limitation Act 1980 s.11A - product records kept >= 10 years
- CPR PD 57AD - records preserved with metadata for disclosure