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Electronic Records Retention: Regulatory Overview

Dumas Dennis | October 19, 2004

Below is a partial list of some of the key laws, regulations and standards that impact companies' records-retention policies.

  1. Employment-Related Records

    Failure to maintain required employment records can turn baseless employee lawsuits against the company into litigation nightmares: Agencies and courts may choose to find, or instruct juries, that missing records should or may be presumed to contain information damaging to the company.

  2. Sarbanes And Consistency

    Executives and lawyers beware: You need not destroy records yourself to incur personal criminal liability; merely giving orders or advice that causes others to destroy records in violation of law is enough to draw a 'Go to Jail' card.

    Also, errors and miscommunications do not excuse violations. Correct instructions, precise execution and necessary training to achieve this result is critical.

    Any destruction policy must be applied...

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