**6. Digitalization and regulatory framework**

In the past few years, public administrations have had to face a real digital revolution. In the same way, companies need to digitalize their processes. Truthfully, Article 40 of the Digital Administration Code has required public administrations to create their original documents electronically for quite a while. Such evidence has been reclaimed and confirmed by the legislator in 2016. It defined that public administrations create their original documents, including those related to bars, public registries, and lists by means of information technology. The essential lack of enacting technical specifications, which should have described in detail the process of digitalization including the formats, the descriptions of the processes, and the roles and duties of the responsible professional figures involved, has hindered the change to a PA that would be fully digital in its processes [9–11].

is no longer a digital inversion of an analogue document, but it becomes a completely new

The Digital Culture within Enterprises and Public Administration: Legal Aspects and Repercussions…

http://dx.doi.org/10.5772/intechopen.77606

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If we look at the most complete possible document, we realize that much information is outside this container, this file, and often this information is probably very important or it adequately reassumes the whole content and therefore the whole information or practice that is contained within the document. Even if the document is protected by the law, by a regulation (like a document registered by a public administration), there is always a part of information that does not remain within the registered document but hovers in its surrounding: in the information system used, in our documents related to that registered document, probably in a PEC, or on the net or on cloud. This shows an emerging clear problem: all the information to be managed are so many that it is not possible to confine them within only one electronic document, whether it is saved, registered, or managed according to the present regulations. Any technical specification, standard, and regulation would not be able to confine adequately all the information that should be saved in time, in order to make them recoverable outside

Therefore, digitalizing and dematerializing the processes before the documents, saving the

The drive toward innovation involves all the most important sectors of the economy, with a forecast of annual average increase of 2.6% for the 3 years between 2017 and 2019. The realiza-

In 2016, the digital market in Italy (information technology, telecommunication, and contents) has grown by 1.8%, reaching €66,100 million. In the first quarter of the last year, the growth has had an acceleration, hitting 2.8% compared to the same period the year before, confirming the growth provisions for the 3 years between 2017 and 2019. In a context that confirms a renewed vitality, thanks to the leading role of the most innovative components and the country's general rise in awareness regarding the potentiality of the digital culture, some criticalities persist and they need a solution. The first one concerns the pace of the recovery that, however quite good, is still not enough to address the delay and to involve so many SMEs that animate our productive fabric. The second one concerns the lack of digital specialists, which is likely to have an influence on the companies' investments and on the effect of the innovation

The Italian digital market is moving again, and it bodes constantly improving growth rates at least until 2019, on the lead of the digital transformation processes in all main sectors. The average yearly growth rates forecasted between 2016 and 2019 are 4.4% every year in the industry sector, 4% in the banking sector, 4.5% in the utility sector, 4.2% in the insurance sector, 3.6% in the transportation sector, and 4.7% in the great distribution. These are very encouraging dynamics that, however, find less ground in the PA sector, in which the digital expense is expected to lower, with a yearly growth rate of a little less than 2%, with the

information without thinking about the document anymore, becomes essential.

digital object made of information, data, records, and integrated information systems.

the external support and format.

tion of the big projects of the PA runs low.

**7. Conclusions**

encouragement policies.

Electronic invoicing started on June 6, 2014 for central entities to continue on to all the others, including local ones, on March 31, 2015. The process continued with the procedures computerization plan through SPID and with other regulatory obligations such as the PagoPA adjustment.

Within this framework, the eIDAS regulation on the identification and fiduciary services came into force on July 1, 2016, and it will impact electronic signature and certified delivery services. With the advent of this new regulation, solutions such as SPID will be enhanced and even the PEC service will have to be modified if it is to have a European role aside from the nationwide one.

Focus on processes is the common denominator for the technical specifications mentioned and for all the digitalization requirements of implementing legislation within the PA: Public administrations and companies alike will need to implement completely digital processes and new responsibilities, which will have to be assigned to well-defined professional figures and will have to account for the digital storage of their own deeds and electronic documents. In this framework, the document management and storage manuals are clearly identifiable as process documentation, whereas the document management manager and the document storage manager are to be considered as process managers.

On the basis of what has been discussed so far, it could be said that a correct digitalization must take into account the following three factors:


In order to meet this objective, both public administrations and companies must not look to a technological or application solution; rather they must retain a governance strategy made of competences and training, so as to guarantee a digitalization of the processes that today are managed with analogue tools and methods. It is not possible to think that what is done with paper must be done using digital tools and electronic documents: what needs to be done is a complete redesign and a methodological reconsideration of the processes in the moment they are switched from analogue to digital.

Therefore, the approach methodology toward this digital evolution is important because of the concept itself of document in a silent public administration, since an electronic document is no longer a digital inversion of an analogue document, but it becomes a completely new digital object made of information, data, records, and integrated information systems.

If we look at the most complete possible document, we realize that much information is outside this container, this file, and often this information is probably very important or it adequately reassumes the whole content and therefore the whole information or practice that is contained within the document. Even if the document is protected by the law, by a regulation (like a document registered by a public administration), there is always a part of information that does not remain within the registered document but hovers in its surrounding: in the information system used, in our documents related to that registered document, probably in a PEC, or on the net or on cloud. This shows an emerging clear problem: all the information to be managed are so many that it is not possible to confine them within only one electronic document, whether it is saved, registered, or managed according to the present regulations.

Any technical specification, standard, and regulation would not be able to confine adequately all the information that should be saved in time, in order to make them recoverable outside the external support and format.

Therefore, digitalizing and dematerializing the processes before the documents, saving the information without thinking about the document anymore, becomes essential.
