360core offers a plug-and-play archiving and document management system hosted in Switzerland (99.99% uptime SLA) that lets your enterprise extract metadata from PDFs during ingestion (OCR) and then question those PDFs using artificial intelligence. The solution is enhanced by granular full-text search in corporate records with results highlighting along your company's folder structure and business hierarchy.
Library & Archives Canada Preservation Storage, Quebec, 2022
Last update: 29 May 2024
Topics covered
Anti-Money Laundering Ordinance-FINMA (AMLO-FINMA)
Business Process Management (BPM)
Code of Conduct FMH
Data Lifecycle Management (DLM)
Document Management System (DMS)
Document sharing platform
E-accounting / eBookkeeping
E-Discovery / legal hold
eHealth / Electronic patient record (EPR)
Enterprise Content Management (ECM)
Federation of Swiss Medical Professionals (FMH)
Information Security Management (ISM)
ISO 15489 (Records management)
ISO 19005 (Document management)
ISO 27001 (Information security)
Knowledge management system (KMS)
Medical practice management software (PMS)
Modern full-text enterprise search
Outlook add-ins from MS AppSource
Pay-as-you-go cloud computing (PAYG)
PDF/A format validation
Records & Information Management (RIM)
Single Source of Truth (SSoT)
Storage as a Service (STaaS)
Swiss electronic document retention and recordkeeping law
WORM compliance (write once, read many)
"We secure your critical documents - and bring them to life".
Comply with Swiss document retention law.
Are your accounting records, medical histories and AMLA-relevant file notes currently archived lawfully (CO, VAT Act, AMLO-FINMA, FMH) and stored in an audit-proof format (Business Records Ordinance)?
Reduce dependencies on external providers.
Regain control over your data by insourcing files from third parties such as legacy archive providers, fiduciaries, IT companies and bring them under central governance.
Turn unstructured data into business intelligence.
Gain insights from raw data thanks to OCR. Have PDFs summarized and questions answered solely with company knowledge, not Internet knowledge.
Take company knowledge to your people.
Make it easy for your team to find and work with PDFs. Engage your archive on a daily basis and lower the risk of sanctions because files cannot be found after years.
With a digital archiving software in the cloud, a Swiss company can store its important documents electronically without having to keep the originals. We believe that a high-performance, audit-proof document management system (DMS) is actually the prerequisite for any digitization project in Switzerland.
Yet because most of the staff in today's Swiss companies deal with documents, a good DMS or enterprise content management (ECM) in Switzerland must cover the needs of all stakeholders:
1. Obligation to archive accounting records for all Swiss companies
Every company registered in Switzerland or with a Swiss VAT number must retain the following business-relevant documents in a secure archive for a period of 10 years in an unalterable form in compliance with the CO (here) and Swiss Ordinance on Business Records (here):
2. Record-keeping obligation for Swiss banks and FINMA-regulated financial institutions
Financial institutions in Switzerland subject to the Swiss Financial Market Supervisory Authority (FINMA) must retain for 10 years the following records as per Art. 74 para. 1 AMLO-FINMA (here):
While ordinary Swiss companies can theoretically retain their accounting documents (with the exception of share registers and its equivalents) exclusively in foreign data centres, FINMA regulated Swiss financial institutions must store the above records and file notes "in a secure location in Switzerland that is accessible at all times" (Art. 74 para. 3 AMLO-FINMA). The following should also be noted: "If the server used is not located in Switzerland, the financial intermediary must have up-to-date physical or electronic copies of the relevant documents in Switzerland" (Art. 74 para. 4 AMLO-FINMA).
3. Obligation to keep medial records for doctors, healthcare professionals, ambulatory service providers and hospitals with a cantonal service mandate
The Swiss Medical Association FMH (here) stipulates in its Code of Professional Conduct, which is binding for all members, under Art. 12 entitled "Duty to make and keep records" (here) that "doctors must keep adequate records about the observations made and any measures taken in the exercise of their profession. They must be kept for at least 20 years following the last entry".
In addition, in Switzerland the relationship between doctor and patient is subject to the provisions of the simple mandate according to the FMH Guidelines: Legal Principles in Everyday Medical Practice (here): "As a service provider, the doctor is accountable to the patient at all times (Art. 400 para. 1 CO). He must keep a proper medical history. The obligation to keep records or documentation also ensues from the FMH Code of Professional Conduct and from cantonal healthcare laws" (p. 31).
In Switzerland, the medical record-keeping duty in the form of a patient record includes in particular:
Medical records may be kept electronically if it can be established at any time who made which entries and when, and unauthorized persons do not have access. Unauthorized persons are all persons such as medical practice assistants (MPA), office staff etc. who are not involved in the treatment.
Backup copies of medical records must be made continuously or at least regularly and stored in a different location protected from unauthorized access (so-called offsite backups). The FMH generally recommends ensuring all data and all persons accessing it are located in Switzerland.
It is well established that incorrect or missing entries in medical records have a negative impact on legal proceedings and facilitate the patient's burden of proof.
The electronic patient record (EPR) is a Swiss sharing platform for data and documents relating to physical health, to which data subjects can grant their doctors access (here). The Swiss patient record is basically nothing other than an audit-proof archive in the cloud that can be accessed from anywhere and to which both doctors and patients can upload files. That said, the electronic patient record does not release doctors from their duty to keep their own medical histories.
The electronic patient dossier is ideal for storing the dated and signed living will (here) for quick access in medical emergency situations without having to go through the insurance card (Art. 370-373 ZGB).
The Swiss Ordinance on the Electronic Patient Record (here) stipulates the following retention obligations for the EPR:
According to Art. 957a para. 3 CO, accounting records (documentary evidence) are "all written documents on paper or in electronic or comparable form necessary to understand and reconstruct a business transaction or facts on which an accounting entry is based".
The following accounting records must be archived in Switzerland::
In Switzerland, it is not required to retain in an audit-proof manner public deeds and entries in public registers such as extracts from the Swiss commercial registry and inscriptions in the land registry (Art. 9 CC).
Swiss accounting records subject to statutory archiving must be retained for 10 years in an audit-proof format (Art. 958f OR para. 1). After expiry of the statutory archiving period of ten years, Swiss companies - including banks - can permanently delete the respective documents and in principle all claims expire (Art. 127 CO).
An interesting case about the time limits for the retention and handover of bank documents heard by the Swiss Banking Ombudsman can be found under this link (here).
Since January 1, 2023, the statutory minimum retention period for patient files (treatment records and medical histories) has been 20 years in many Swiss cantons. This is because of the new Swiss tort law, which now provides for a prescription period of 20 years for claims arising from medical malpractice:
"Claims for damages or satisfaction arising from personal injury or death of a person in breach of contract shall prescribe after 3 years from the day on which the injured party became aware of the damage, but in any case after 20 years from the day on which the harmful conduct occurred or ceased" (Art. 128a CO as amended).
In practical terms, this means that under civil law, medical practitioners can now be held liable for 20 years for gross misconduct. If the patient history is no longer available or is incomplete, there is no possibility of defense or exoneration in the event of liability claims.
Simultaneously, it is required under Swiss data protection law (here), that documents no longer needed for evidentiary purposes be deleted.
In Switzerland, the mandatory archiving period typically begins at the end of an observation period (e.g. the tax year) or the last legal transaction (e.g. after liquidation of a company, termination of a mandate contract, end of the medical treatment contract, following treatment or surgery).
Depending on the document type, the activation of archiving is triggered by one of the following actions ("event-based retention triggers"):
In Switzerland, archivable accounting records must be retained "on paper, electronically or in a comparable manner, provided that correspondence with the underlying business transactions and circumstances is guaranteed thereby and provided they can be made readable again at any time" (Art. 958f para. 3 CO).
The Business Records Ordinance (here) is the implementing provision under Swiss Contract Law specifying the principles by which records in Switzerland must be retained in an audit-proof manner.
An audit-proof Swiss archive in the cloud has the following features:
In Switzerland, the following file types (here) are permitted for the long-term preservation of digital records:
PDF/A means Portable Document Format (A stands for archival). In contrast to the Tag Image File Format (TIFF), PDF/A enjoys a high level of acceptance across industries. It is practically the prescribed file format for archiving - in the EU and overseas. For example, the US Supreme Court requires documents submitted electronically must be in the PDF/A format.
To quote the ISO 19005 Standard (Document management), "PDF/A [...] provides a mechanism for representing electronic documents in a manner that preserves their visual appearance over time, independent of the tools and systems used for creating, storing or rendering the files" (here).
In essence, the PDF/A format differs from its PDF original in that it prohibits functions that are unsuitable for long-term archiving (such as audio and video content, executable files, password protection, encryption, links to external content, etc.). Ultimately, the files in an audit-proof Swiss cloud archive must be self-sufficient with all key document features such as content, fonts and color embedded.
360core uses high-throughput PDF to PDF/A-2b conformance convertors in its archiving engine to convert PDF to PDF/A-2b. We perform regular PDF/A validation tests (here) throughout the lifecycle of our archive assets.
E-mail archiving is defined as the systematic retention of e-mails and attachments in a single repository in line with an organization's records management program, for example to create a subset of messages associated with a particular topic, preserve messages of former employees, enable audit trails, full-text indexing, enhanced retrieval capabilities or the application of legal holds.
Email archiving software simplifies legal discovery and compliance with freedom of information laws (here) or GDPR requests and eliminates the need to search multiple networks and local drives.
In 2017 the US Financial Industry Regulatory Authority (FINRA) released a notice (here) stating all the business doing digital communications are required to keep a record. This includes website data, social media posts, and messages.
Our audit-proof document management system (DMS) and file sharing platform in Switzerland ("360 Documents") can be deployed online through a SaaS licence (here). The solution's pricing model is based on 360core's cloud tiers and depends on the number of users and the expected file storage space:
Our multi-tenancy SaaS application guarantees complete tenant isolation on the file and object data storage level. Our storage classes are designed for 99.999999999% of data durability.
Our cloud tiers help satisfy compliance requirements for
virtually every regulatory agency in the world.
Data in: Scanner, Outlook, upload
OCR technology: text recognition
Indexation along your folder structure
Full-text search with results highlighting
Further reading
360core archiving Add-in on Microsoft AppSource (here)
BDO (2021) Elektronische Buchführung und -belege aus mehrwertsteuerlicher Sicht (here)
Daniel Burgwinkel (2023) Ausblick auf die Trends in 2024 in der cloudbasierten Archivierung (here)
Alan Calder, Steve Watkins (2019) IT Governance: An International Guide to Data Security and ISO 27001/ISO 27002 (here)
Federal Data Protection and Information Commissioner (2024) Patient records - inspection, storage and deletion of patient data (here)
James Densmore (2021) Data Pipelines Pocket Reference. Moving and Processing Data for Analytics (here)
DLM Forum Foundation (2011) Modular Requirements for Records Systems - Volume 1: Core Services & Plug-in Modules (here)
Evren Eryurek, Uri Gilad, Valliappa Lakshmanan, Anita Kibunguchy-Grant, Jessi Ashdown (2021) Data Governance: The Definitive Guide (here)
EXPERTsuisse (2014) Schweizer Handbuch der Wirtschaftsprüfung, Band "Buchführung und Rechnungslegung" (here)
FINMA (2023) Anti-Money Laundering Ordinance-FINMA (here)
FINRA (2017) Regulatory Notice 17-18. Social Media and Digital Communications. Guidance on Social Networking Websites and Business Communications (here)
FMH / Schweizerische Akademie der Medizinischen Wissenschaften - SAMW (2020) Rechtliche Grundlagen im medizinischen Alltag. Ein Leitfaden für die Praxis (here)
FMH (2023) IT-Grundschutz für Praxisärztinnen und Praxisärzte 11 Empfehlungen (here)
FMH (2023) Leitfaden für die Aufbewahrung und Archivierung (here)
FMH (2023) Standesordnung der FMH (here)
FMCH (2019) Richtlinien der FMCH für die Patienten-Aufklärung (here)
ISO 15489-1:2016 (2021) Information and documentation. Records management. Part 1: Concepts and principles (here)
ISO 19005-1:2005 (2020) ISO 19005-1:2005. Document management. Electronic document file format for long-term preservation (here)
ISO/IEC 27001:2022 (2022) Information security, cybersecurity and privacy protection. Information security management systems. Requirements (here)
Madhusudhan Konda (2023) Elasticsearch in Action, Second Edition (here)
James Lappin (2024) The science of recordkeeping systems - a realist perspective (here)
Netzwoche (2023) Cloudbasierte, revisionssichere Archivierung auf dem Vormarsch (here)
Dieter Pfaff, Ruud Flemming (2019) Schweizer Leitfaden zum Internen Kontrollsystem (IKS) (here)
Dieter Pfaff, Stephan Glanz, Thomas Stenz, Florian Zihler (2019) Rechnungslegung nach Obligationenrecht, veb.ch Praxiskommentar mit Berücksichtigung steuerrechtlicher Vorschriften (here)
PwC Switzerland (2021) Electronic invoicing (e-invoicing). A guide for organisations and institutions (here)
PwC Switzerland (2021) Confidence in your business procedures and information Information governance. Electronic archiving (here)
Thomas Rautenstrauch (2023) Aufbewahrungsfristen: Compliance-Anforderungen an die Geschäftsunterlagen (here)
William Saffady (2021) Records and Information Management. Fundamentals of Professional Practice (here)
Schweizerisches Bundesarchiv (2020) Standards für die Archivierung digitaler Unterlagen. Archivtaugliche Dateiformate (here)
Swiss Banking Ombudsman (Case number 2017/26) Time limits for retaining and providing bank documents (here)
Swiss Ordinance on Business Records (2013) (here)
Swiss Ordinance on Value Added Tax (2018) (here)
Swiss Ordinance on the Electronic Patient Record (2023) (here)
SRF News (2023) Digitales Gesundheitswesen - Das elektronische Patientendossier: Was Sie wissen müssen (hier)
Topsoft (2019) Compliance: GeBüV als Härtetest für die rechtskonforme Aufbewahrung digitaler Dokumente und Akten (here)
Sikander von Bhicknapahari (2021) L’obligation légale de conservation (here)
United States Department of Defense (2002) Design Criteria Standard for Electronic Records Management Software Applications (here)
Reto Zbinden (2023) Rechtliche Anforderungen an die Archivierung (here)
Thesauri
1. English
Brian Sheffield
(2022) The Oxford Thesaurus - An A-Z Dictionary Of Synonyms
(here)
Collins English Thesaurus (2019) (here)
Merriam-Webster's Collegiate Thesaurus, Second Edition
(2018)
(here)
2. German
Duden (2019) Das Synonymwörterbuch. 7., neu bearbeitete und erweiterte Auflage (here)
3. French
Emile Genouvrier, Claude Désirat, Tristan Hordé (2020) Dictionnaire Larousse des synonymes (here)
Le Robert (2022) Dictionnaire des synonymes, nuances et contraires (here)
4. Italian
Garzanti (2009) Dizionario dei sinonimi e contrari (here)
Michele Giocondi (2016) Grande dizionario Hoepli sinonimi e contrari della lingua italiana (here)
Maurizio Trifone (2013) Il Devoto-Oli dei sinonimi e contrari. Con analoghi, generici, inversi e gradazioni semantiche (here)
Exchange rates
Swiss Federal Office for Customs and Border Security FOCBS
(2024) Daily exchange rates
(here)