Herbert Smith launches important publications on document retention and data management

With the proliferation of electronic documents, the globalisation of commerce and disputes, and options to store documents remotely in cheaper and more lightly regulated jurisdictions, clients are reviewing their document retention and destruction practices. In response to the lack of consolidated guidance on these wide reaching topics, two major publications have been produced by Herbert Smith.

The first is an international review of the principal legal and regulatory document retention requirements applicable across 22 worldwide jurisdictions, drawing on local law expertise including from our Alliance and international offices. Requirements to store company and trading records, employment, health and safety and anti-money laundering information, and principal sanctions for non-compliance, are all addressed. In addition, disclosure of documents in disputes (and applicable limitation periods), and obligations to produce documents in insolvency proceedings, regulatory investigations, or to third parties (including international requests) are reviewed. Data protection considerations are also covered, as are modes of data storage, document retention policy guidance and the main advantages and disadvantages of storing data in each jurisdiction.

The second publication is a detailed review of the issues posed by data management in England and Wales. The publication covers applicable sectoral requirements, the impact of statutory limitation periods, the role of data protection laws in document destruction, disclosure obligations in disputes and regulatory investigations, guidance on drafting retention policies, and data storage options including cloud computing and outsourcing.

If you would like more information on these topics or the publications, please contact James Farrell or Nick Pantlin.