Is there anything new from regulators that requires a written policy that specifically addresses retention of emails or other electronic documents? My president thinks that he has seen something that says we must have something in place as of Jan 1, 2007. I am unable to find anything. Has anyone seen this requirement?

bump

What your president is thinking of are new rules of evidence. If you are involved in federal litigation, there are rules for turning over evidence held in e-form in a timely manner. This means that if you have it, you have to be able to find it.

http://apnews.myway.com/article/20061201/D8LNRQB80.html

I haven't seen an explanation that says you must retain it as a result of this law, but that you must find what you have. If you have a different opinion, please share. Otherwise I know only of SEC and SOX rules on retention.

Andy,

What (or where can I find) the rules on retention under SEC and SOX?

Thanks Andy, I appreciate anyone who helps to keep me straight.

You need to see if these apply to you. Under SOX I believe it is Section 404, and under SEC rules refer to NYSE Rule 342 and NASD Rule 3010 which require you to establish, maintain and enforce a supervisory system relating to retention of electronic communications.