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Law mandating storing of emails
Good policies also refer to capabilities and requirements (e.g., offsite archival) rather than specific technologies and processes (e.g., DAT with daily courier shipments).
Therefore, it is important for both private and public entities to reduce the legal, regulatory and business risks involved in the capture, storage, management, and reproduction of their electronic records.
Industries at high risk for litigation or regulatory review must be extra vigilant.
However, if you follow these five best practices when you develop your own, you stand a better-than-average chance of drafting an email retention policy that’s sensible, enforceable, and loved by legal and top management alike.
If someone hacks into your company’s computer system, would you be able to prove to your customers and shareholders that the integrity of your data–and theirs–had not been compromised?
With that in mind, it often pays to segment different types or uses of email into different retention periods to avoid subjecting your entire online email store to the maximum email retention period.
Segmentation by type of content looks something like this: Draft a Real Policy…But Don’t Include What You Won’t Enforce A written policy, approved by legal counsel and senior management, will give you the requirements and authority to implement all the IT, security and process controls you need.If you’ve drafted other IT policies, such as an “acceptable use” policy, your first instinct might be to keep your legal team out of the process until your new policy has snowballed down from your IT-based executive sponsor. The main reason legal should be included as soon as you have a draft is that two of the best practices listed above (regulatory minimums and viability of segmentation) are really legal’s call – not yours!You will have saved legal a lot of legwork by researching the main drivers of email retention policy and the technical controls you can use to enforce the policy, but at the end of the day legal will be called upon to defend the company’s decision to keep or toss critical information, so legal will need to assign the final values to your policy limits.For example, in a 500-person company where each user averaged 1MB and 100 messages of email a day, there were 5000 additional transaction emails (total 50MB) a day and 100 additional legal emails (total 20MB) a day, and volumes were expected to increase 10% per year, here’s how we might estimate minimum requirements for the next seven years: However, after you’ve priced out your preferred solution, you still need to be prepared to handle alternatives that may result from discussions with legal or your executive team.For example, if the executive team pushes your 18 month blanket retention to 3 years and the legal team “requires” that its emails are always in near-term email storage, how would that change your requirements and pricing?Today, I’ll be covering five practices often used by effective professionals and managers.Your email retention policy should begin by listing the various regulations your company is subject to and the relevant document retention requirements involved with each regulation.Second, short policies may violate federal, state, local and/or industry regulations that require certain types of information to be retained for a minimum period of time – often years!Obviously, you must balance these factors and others when you develop your own email retention policy, but there are a number of best practices that can help you draft and get support for a solid email retention policy.email” terminology through with your legal team before you finalize your policy.A good written policy (again, including the UW template) always contains these sections: Good written policies omit areas that you won’t or can’t support, especially types of segmentation you will not be able to determine or support.