Compliance - The Regulatory Requirements

Today, government regulators are taking the issue of compliance more seriously than ever before, inposing harsh penalties on this that don't comply - from litigation and massive fines, to in some instances, imprisonment.

SECURELY OFFSITE offers a comprehensive portfolio of solutions that address the challenge of meeting instant communications and ESI compliance regulations. They can fully satisfy all regulatory record retention compliance requirments for archiving instant communications and files as mandated in the USA by SEC, NASD, NYSE, Sarbanes-Oxley Act, Gramm-Leach-Bliley Act, HIPAA, Patriot Act, the Federal Rules of Civil Procedure (FRCP) and the various state regulations. In Canada there are the PIPEDA, Bill 198, Fintrac, the forthcoming CSA National Instrument 31-103 and other regulations.

• The Federal Rules of Civil Procedure and other regulations mean that your organization must be prepared to meet electronic discovery requirements in the event of litigation. E-mail represents just a portion of the documents that may be relevant to a civil proceeding. Others stored throughout your IT infrastructure, including those in network file shares, must also be readily available and accessible. These documents need to be analyzed, processed, indexed, and retained to meet compliance mandates.
• CIVIL LAW: At least 37 United States District Courts now require compliance with special local rules, forms or guidelines addressing the discovery of electronically stored information. In some districts where there are no local rules or court-mandated forms, individual judges have created...

Records Retention Guidelines: Emails, IM, SmartPhone and VOIP/Voice communications along with other digital communication are considered to be business records for retention, just like paper records. Retention is a matter of content and legal requirement.

• Business records: 7 years to permanent
• Contracts: 7 years to permanent
• Employee records: 3 years
• Payroll records: 3 to 7 years
• OSHA employee records: 3 to 30 years

US Federal, State and Foreign Digital Retention Regulations - What Laws Apply?