Data matters

In the modern business world information is one of the most valuable assets held by any company and the risks associated with its use (and very often misuse) must be managed. Even the smallest amounts of data, such as those recorded by a computer when it is switched on, or the date a document was last amended, can be highly significant in any fact-based investigation/litigation context. It is therefore necessary for business leaders to consider what steps they should take to understand and control the electronically stored information (ESI) which is created and used by their employees, through the implementation of appropriate policies and procedures.

From a practical perspective, the use of different forms of technology, and failures to properly regulate the use of business systems, can present a number of challenges to gathering items of potential evidence when required in any relevant legal context. Significant obstacles can arise from the legal requirements imposed on data controllers concerning