Glossary — End-of-period arbitration
What is an end-of-period archiving arbitration?
Decision taken at the end of a contractual conservation period between three pre-defined scenarios: extend the conservation, securely delete the content, or transfer rights to the residual assets to the archive trustee. It is decided by the decision-makers named in the contract under the agreed rules.
What it is
An archive contract with Archivum is always concluded for a defined period: 1, 3, 5, 10 years, or longer depending on the nature of the assets and any associated legal constraints. As the deadline approaches, the contract provides for a notification of the named decision-makers three months before the deadline.
These decision-makers — who may differ from the initial signatories, especially successors or a post-cessation administrator — decide collegially between three scenarios:
- Extension: a new conservation period, with the same rules or revised ones.
- Deletion: secure destruction, with a certificate issued to the signatories.
- Transfer: assignment of all or part of the rights to the residual assets to Archivum.
Why it matters
Without a planned arbitration, archiving becomes either a technical debt (data piles up indefinitely) or a risk (uncoordinated deletion). The end-of-period arbitration logic, inherited from notarial and fiduciary practice, forces an active decision at a set point. It also protects successors, who inherit a file they had not been informed of and which must be settled.
How Archivum approaches it
Archivum notifies the named decision-makers three months before the deadline, by certified electronic mail and email. They have a contractual window to decide collegially, under the voting mechanism set in the contract. Failing a decision, the default scenario provided in the contract applies automatically — typically, an extension for an equal duration, to avoid unintended deletion.
Frequently asked questions
- What happens if the decision-makers do not respond?
- The default scenario set in the contract applies — usually an extension for an equal duration, to avoid unintended deletion. Silence never triggers an unwanted destruction.
- When are decision-makers notified?
- Three months before the deadline, by certified electronic mail and email. They then have a contractual window to vote under the agreed majority rule.
- Are the decision-makers the original signatories?
- Not necessarily. They may be successors, heirs or administrators named in the contract, different from the original directors — precisely because the decision comes long after cessation.