Legal and organizational aspects of using digital construction diaries

Relevant laws and regulations:

When using digital construction diaries, companies must comply with a large number of legal provisions, including the General Data Protection Regulation (GDPR) and specific construction regulations. These regulate the collection, storage and processing of personal data as well as documentation obligations on construction sites. The provisions of the German Fee Structure for Architects and Engineers (HOAI) and the German Construction Tendering and Contract Regulations (VOB/B) also apply.

Retention obligations and data protection:

Digital construction diaries are subject to strict retention obligations. All relevant documents and evidence must be securely archived for a certain period of time (usually 10 years). Compliance with data protection regulations in accordance with the GDPR is essential to ensure the protection of sensitive data.

Legally compliant documentation and signatures:

Legally compliant documentation requires the complete and accurate recording of all construction processes. Electronic signatures can be used to ensure the authenticity and integrity of documents. It is important that electronic signatures comply with legal requirements in order to be legally effective.

Are daily construction reports mandatory?

In certain cases, yes - this depends on the contractual agreement between the construction manager and the client. The construction process must generally be documented (see Annex 10 LPH 8e) HOAI). Keeping a construction diary with corresponding daily reports is one way of fulfilling this obligation. Even according to VOB/B there is no general obligation to keep a construction diary, but a construction diary must be kept if this is agreed in the construction contract. The daily construction reports do not have to be completed daily, but the site manager should keep the construction diary conscientiously, as there is a risk of legal consequences if it is not kept properly.[1]

Roles and responsibilities:

The clear definition of roles and responsibilities within the company is crucial. Responsible persons must be appointed who are responsible for complying with legal requirements and maintaining the digital construction diaries.

Internal guidelines and training:

Internal guidelines should be developed and implemented to ensure compliance. Regular employee training is necessary to ensure that everyone involved is aware of the legal requirements and the correct procedures.

Internal guidelines should be developed and implemented to ensure compliance. Regular employee training is necessary to ensure that everyone involved is aware of the legal requirements and the correct procedures.

Continuous monitoring and regular audits help to check compliance with legal requirements. Internal and external audits can uncover weaknesses and initiate improvement measures.

These two articles provide a comprehensive yet compact overview of the most important aspects of digital construction diaries in the construction sector.[2]