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12 May 2011 / James Farrell , Trevor Davies
Issue: 7465 / Categories: Features , Profession , Data protection
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Retention matters

James Farrell & Trevor Davies put international document retention procedures under the spotlight

In most jurisdictions, document retention requirements are spread across a plethora of legislation, regulations and professional guidance notes, often relating to a specific sector—such as for the financial services industry, the energy sector or the telecommunications market. Fundamentally, document management policies have two key driving forces:

(i) the requirement to retain documents under various regulatory and legislative regimes; and

(ii) the requirement to delete or destroy certain data, usually personal data, within prescribed timeframes.

However, these requirements often differ dramatically between jurisdictions, with very little international standardisation—even among the member states of the EU. In response to the lack of guidance on the wide reaching areas of document management and retention, Herbert Smith and its Alliance partners Gleiss Lutz and Stibbe have recently launched a review of document retention practices in 22 jurisdictions (Australia, Belgium, Canada, China, England and Wales, France, Germany, Hong Kong, India, Indonesia, Italy, Japan, Luxembourg, Netherlands, Russia, Saudi Arabia, Singapore, Spain, Switzerland, Thailand, UAE and

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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