Balancing Real-World Compliance, Litigation and Employee Productivity
Needs in Creating a Document Retention and Management Policy
May 2004
The explosion of electronic documents, along with new regulations,
new trends in litigation discovery and end-user behavior require organizations
to re-think their document retention strategies. Previous policies
of deleting documents, e-mail and other types of electronic information
can put organizations at significant risk of not being in compliance
and increasedliability and are nearly impossible to enforce. This
White Paper looks at some of the emerging business drivers and issues
for retaining documents.
Most people would define “document” as a set of words
or numbers written or printed on paper. This is understandable. Before
the computer age, most non-verbal communications took place or were
memorialized on paper. Even with computers, most files can be printed
on paper to create a written, readable type of document.
The law takes a different view. It regards information stored in electronic
form as a “document”. This means that in a lawsuit, electronic
information is subject to discovery – that is, copying by the
adverse party – exactly the same as pieces of paper, usually
even if the information also is printed in paper form. When a business
is involved in a lawsuit, many types of electronic files created by
employees are considered discoverable documents,
including:
Files created
by common business applications such as Word and Excel
E-mail messages
Instant Messaging
logfiles
Collaboration
repositories such as Exchange Public Folders & Notes Databases
Snapshots of ERP,
CRM, and other databases – if not the databases themselves.
Ultimately, any information stored in an electronic medium may be
a discoverable electronic document.
Changes in regulation, technology, and business needs require that
companies examine why and how they retain and manage their electronic
documents. Generally, these needs can be separated into three separate
business drivers: compliance, litigation and end-user business needs.
An effective document retention strategy must take these three areas
into account.
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