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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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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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