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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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