We can safely say that the law has finally caught up with this ultra-modern era. Email archiving is no longer a choice: it is a requirement. Companies and business of all sizes are required by law to store and be able to retrieve emails in the same way as other business records.
When it comes to archiving mails, there is no universal law. However, there are some regulations that should be taken into consideration. The most important among these regulations are related to industry and geography.
There are some industries that are more regulated than others, such as healthcare, government organizations and financial institutions. Such industries are required to comply with a number of set industry rules in regards to document/email archival, retrieval and protection.
Unfortunately, when some businesses are not clearly classified into a particular regulated industry, they tend to assume that they are not required by law to archive their emails. This is not true: all businesses and organizations are supposed to comply with general regulations. These can be employment laws, financial laws or labor standards that require proper electronic data storage and protection for a determined period of time.
To effectively respond to e-Discovery notices, many businesses and organizations are implementing corporate email archiving programs. An email archiving program is not only a pocket-friendly solution but a compliant one too. Other benefits of an archiving program are secure data and simple and faster retrieval of emails so as to comply with the legal aspects of doing business.
Email Archiving Compliance Regulations
Financial Major changes appeared in the financial sector and corporate governance sometime in 2000 when the Sarbanes-Oxley (SOX) Act came into force. This Act makes certain protocols mandatory, and every organization based in the U.S., whether small or large, must comply with it. According to this Act, communications should be stored for up to 7 years.
Healthcare Passed by the U.S. Congress in 1996, the Health Insurance Portability and Accountability Act (HIPAA) entails the storage of patient information. Maintaining healthcare records is no longer a practice but a legal requirement.
Investments and Securities – The Securities and Exchange Commission FINRA Act requires all broker dealers and security firms in the U.S. to keep a record of electronic data for a period of 3-6 years.
Banking Effective since 2001, the Gramm-Leach Bliley Act (GLBA) requires that all financial institutions should come up with a written security plan that explains the companys preparedness for the protection of their respective clients personal information. To ensure compliance and security, such institutions should employ an electronic retention system that assures security and compliance.
Legal Covering all civil suits brought up in district courts – and last updated in 2009 – the Federal Rules of Civil Procedure (FRCP) also calls for storage of all information. Failure to comply with the Act may attract hefty fines and other penalties.
Public Institutions – The Freedom of Information Act gives the public the authority to request any information kept by federal and state institutions. The Act enables email compliance and responses to information requests rapidly and professionally.
For more information, please visit: Email archiving compliance
This article is copyright free.