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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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A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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