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Businesses these days have no choice but to standardize their data management. Consumer privacy laws such as the Consumer Protection Act (CPA) and General Data Protection Regulation (GDPR) mandate that companies appropriately store customer data and erase it on request. Otherwise, they have to face strict penalties. Increased workplace lawsuits have made it necessary for companies to have access to corporate data. This is important because companies may find themselves facing legal action.
The amount of data that businesses handle has significantly increased, especially with more people working remotely and using email and other collaborative platforms to communicate. However, this has led to challenges in keeping track of, monitoring, and properly storing shared messages, emails, and other communication elements.
What is eDiscovery?
eDiscovery, or electronic discovery, is a set of processes used to collect, identify, process, review, and convert Electronically Stored Information (ESI) when one party is served with a request for production in a civil lawsuit or legal investigation. The E-discovery process entails identifying any conceivable ESI that will likely be useful for a specific case. The method includes emails, documents, presentations, databases, voicemails, social media, and all other files available on digital devices.
Businesses and legal practices use eDiscovery software and services to deal with difficulties locating, reviewing, and providing large amounts of data. Handling and management of ESI has emerged as another important area of information governance that organizations must handle through adequate IT systems, policies, and legal outsourcing firms for the appropriate preservation and production.
How does the eDiscovery Process Work?
eDiscovery is a multi-stage procedure that starts when your company requires regulatory investigation in a legal case and ends when your electronically stored information is presented in court. The legal and IT departments work together in this process, which includes these five significant steps:
- Identification – The initial step involves recognizing possible locations from where relevant electronic documents and data may be collected. This may be through email, shared drives, databases, etc., wherever relevant information can be located.
- Retrieval – When sources containing relevant information are determined, preservation notices are given. This legally mandates that parties involved in the legal process must retain documents and data that could be relevant to the case. Data cannot be deleted or destroyed once a preservation duty has been activated.
- Collection – Information collected in a case has to be in a way that adheres to forensic procedures. This includes generating and copying emails, documentation, and any other writing that may be in electronic form. Methods like data imaging can be employed to make duplicates with all features of storage media.
- Processing – Collected documents are processed to make them readable and to delete any similar files that may have been obtained. Techniques like predictive coding may be employed to identify records that are likely to be relevant. Then, lawyers evaluate samples to determine their relevance and privilege issues.
- Production – In the last step, the defending party provides the opposing side with relevant and complete documents. Analytical features support the filing and categorization of documents, as well as assist in the development of case strategies.
Why is eDiscovery Important for Your Company?
eDiscovery requests are gaining popularity as companies are heavily controlled by government bodies concerned with cybersecurity. It is a critical element that controls the storage systems and carries significant suggestions for how organizations maintain, store, and manage their electronic content. Negligence to appropriately maintain eDiscovery will negatively impact the organization through increased management and regulatory response expenses and damage the brand reputation.
Conclusion
eDiscovery is a crucial process for modern businesses. It may seem complex, but it can be made easier. One way to achieve this is by leveraging the cutting-edge technology and expertise of a professional outsourcing firm. This approach aims to make eDiscovery accessible to all organizations, by implementing stringent data controls and promoting awareness (DCPA), organizations can effectively manage the increasing amount of data and smoothly manage eDiscovery requests. For more info contact Aeren LPO.
