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Law Technology

: The Mac Lawyer

Guest Post :: Four Reasons for Archiving Email Correspondence

By Ben Stevens

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Guest_post_2 The following Guest Post is from Jesmond Darmanin, a Web Marketer with GFI Software, and it explains the "Four Reasons for Archiving Email Correspondence":

Email is a primary source of documentation for many organizations and it has taken on an increasingly critical role in corporate court proceedings, regulatory compliance and legal discovery. Companies are realizing the importance of archiving their email correspondence, since being in a position to retrieve an old email could save them thousands of dollars in legal fees and fines, as well as their credibility.

The following are four legal reasons why companies need to archive their email correspondence:

  1. The Securities Exchange Act of 1934 (the ?1934 Act?) :: requires various entities to maintain records for five years and more. Failure to do so can result in severe fines.
  2. The Commodity Futures Training Commission (CFTC) :: requires futures commission merchants to keep records for five years. Failure to comply can result in hefty fines.
  3. The Sarbanes-Oxley Act (?Sarbanes Oxley?) :: accountants must keep all audit or review workpapers for a minimum of five years. Violation of this rule can lead to a fine and imprisonment.
  4. The Financial Industry Regulatory Authority (FINRA) (formerly the National Association of Securities Dealers (NASD)) and the New York Stock Exchange (NYSE) :: members are required to preserve records for no less than six years or they can be imposed with a civil fine.

Email_archive Email archiving can help companies to abide by all four requirements mentioned above, because emails are archived at server level, so no matter if a copy is deleted by the end-user from his/her computer terminal, once an archive exists with all correspondence entered into by the company then the emails are searchable and retrievable and can be presented in court or as requested.  Moreover, one is also able to offer the assurance that the email was not tampered with or altered in any way, thus making it a legal and binding document that could save a company or organization a lot of money in a legal situation. Companies that are unable to provide email documentation that is requested by the courts or other legal body could be subject to hefty fines, as they would be in breach of legal requirements.

A more in depth article on e-mail archiving can be found HERE.

Jesmond Darmanin  ::  Web Marketer  ::  GFI Software

GFI is a leading software developer that provides a single source for network administrators to address their network security, content security and messaging needs. With award-winning technology and a strong focus on small-to-medium sized businesses, GFI is able to satisfy the need for business continuity and productivity encountered by organizations on a global scale.

Full post as published by The Mac Lawyer on August 27, 2008 (boomark / email).

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