There is no simple solution to accounting for increased scrutiny from U.S. regulators regarding recordkeeping of business-related employee communications.
If you just ban employees from accessing platforms like WhatsApp, Snapchat, or WeChat, you’re “missing the point,” said Amy Schuh, partner at law firm Morgan Lewis, during a panel discussion at Compliance Week’s National Conference in Washington, D.C. Updating policies and procedures alone also won’t cut it, she said, as agencies like the Department of Justice (DOJ) will be focused on how you are communicating expectations to employees, what you are doing to monitor them, and what’s your protocol for addressing instances of noncompliance.
