Records Retention

A records retention program is essential for any business that wants to be protected in the event of litigation - or a compliance issue. This type of program identifies records that need to be maintained and also provides guidelines for how long certain records should be kept and how they should be destroyed.

Organizations that are able to demonstrate evidence of a clear retention policy and an ability to consistently enforce records retention programs will fare far better in a court of law than those without one. A records retention program demonstrates responsibility and helps an organization explain why a business record was kept or deleted according to a clearly stated policy. Today, not having a specific document or email can mean the difference between winning or losing in a lawsuit. If a litigant requests a document that cannot be provided because it has already been destroyed, a judge or jury may be permitted to conclude that the document contained information detrimental to a company’s position.

In the digital era, an important part of a records retention program is ensuring that all electronic communications are properly retained and disposed of according to company policy. While this type of retention can seem almost impossible, experts agree that it is critical and can be done successfully and cost effectively via the deployment of specialized archiving software.

"A destructive retention policy that calls for the purging of email on regular intervals may render you the only party in the courtroom who is unable to produce copies of your own email. That’s a position you never want to be in!” – Nancy Flynn, e-Policy Institute