We will track here amendments to this resource that reflect changes in law and practice.
A toolkit to guide users through PLC's UK, US and international content on document retention. It includes materials on retention of employment records, Companies Act 2006 requirements and electronic disclosure.
A document retention policy establishes and describes how a company expects its employees to manage company data from creation through to destruction. An effectively drafted policy can help ensure:
The correct types of document are preserved.
Appropriate documents are destroyed (saving storage space and costs).
Compliance with data protection legislation.
Barclays: a practical approach to records management (www.practicallaw.com/3-381-3278) (2011) looks at the steps companies can take to improve their records management and document retention policies.
Records management: scanning documents (www.practicallaw.com/4-507-2160) (2011) highlights the issues a company should consider when scanning documents in order to store them.
Records management: disposal holds (www.practicallaw.com/4-507-2216) (2011) outlines the occasions when a business may need to preserve records outside of normal retention periods due to actual or envisaged legal action or regulatory investigation.
Records management: e-mail records (www.practicallaw.com/2-507-2199) (2011) explains how a company should manage the e-mails produced by the business.
Records management: setting retention periods (www.practicallaw.com/7-507-2125) (2011) sets out some key steps to take when setting retention periods.
Records management: secure storage and destruction of documents (www.practicallaw.com/5-507-2131) (2011) provides some practical points to consider to ensure that documents are securely stored and properly destroyed.
Records management: tips for smaller companies (www.practicallaw.com/7-507-2154) (2011) highlights some of the practical issues a smaller company should consider in relation to records management.
Records management: cross-border issues (www.practicallaw.com/8-507-2144) (2011) sets out the points businesses operating outside the UK should consider in relation to document retention.
Document management: navigating the risks and requirements (www.practicallaw.com/2-506-1997) (2011) sets out the key points businesses need to consider when dealing with document management issues.
Information governance: surfing the wave or drowning? (www.practicallaw.com/7-386-1696) (2009) outlines some key considerations for running an effective information governance programme.
Practice note, Company records (www.practicallaw.com/4-500-1554) highlights the Companies Act 2006 (the 2006 Act) requirements for keeping records of directors' and members' meetings and resolutions.
Practice note, Company accounts and reports: overview (www.practicallaw.com/5-379-0742) details the 2006 Act provisions on the preparation of company accounts and reports.
Practice note, Registered office (www.practicallaw.com/4-203-1639) outlines the provisions relating to a company's registered office under Part 6 of the 2006 Act.
Practice note, Data protection aspects of the retention of communications data (www.practicallaw.com/9-227-0953) sets out the data protection aspects of the mandatory retention of, and access to, communications data held by communications service providers in the UK.
Practice note, Disclosure: electronic disclosure: what is it and how do I deal with it? (www.practicallaw.com/6-205-5554) explains the rules and practice on electronic disclosure (in particular the requirements of Practice Direction 31B) which applies to the disclosure of electronic documents in proceedings started on or after 1 October 2010.
Practice note, Disclosure: electronic disclosure: some questions to ask clients about electronic documents (www.practicallaw.com/3-205-5555) sets out some of the questions to raise with clients in preparation for an electronic disclosure exercise.
Practice note, Disclosure: what is a document and which documents must be disclosed? (www.practicallaw.com/3-203-9669) explains what constitutes a document for the purposes of CPR 31, the concept of standard disclosure and the meaning of "in a party's control" for the purposes of CPR 31.
Practice note, The Electronic Documents Questionnaire: introduction to annotated version (www.practicallaw.com/1-503-4198) provides an introduction to the annotated version of the Electronic Documents Questionnaire.
Standard document, Guidance on completing the Electronic Documents Questionnaire (www.practicallaw.com/7-503-4529) provides commentary on the Electronic Documents Questionnaire appended to Practice Direction 31B.
Checklist, Retention of employment records (www.practicallaw.com/8-200-7326) provides a summary of the recommended periods for retention of employment records as reflected in the Employment Practices Code (a good practice guide issued by the Information Commissioner (www.practicallaw.com/3-107-6262) under section 51 of the Data Protection Act 1998).
Practice note, HMRC information powers from 1 April 2009: overview (www.practicallaw.com/8-385-3436) sets out the new HMRC (www.practicallaw.com/6-200-6399) information powers in Schedule 36 to the Finance Act 2008 which came into force on 1 April 2009.
Article, HMRC investigations: is your company ready if the taxman calls? (www.practicallaw.com/5-501-3740) (2010) explains how businesses should prepare for and handle a tax investigation and how to respond if faced with a dawn raid.
External resource, HMRC: keeping records provides a range of guidance on record keeping to help meet specific tax requirements.
Practice note, Drafting a document retention policy (www.practicallaw.com/0-506-7349) highlights the key issues in-house counsel should consider when drafting a document retention policy.
Standard document, Document Retention Policy (www.practicallaw.com/0-503-1765). This standard document is based on federal law. State and local law may impose additional or different requirements, but this document will be relevant and useful to companies in every state.
Checklist, Document Retention Policy (www.practicallaw.com/8-502-8995) explains why a company should implement a document retention and disposal policy and highlights the key issues to consider when drafting the policy.
Practice note, Managing communications and documents (www.practicallaw.com/2-101-2020) (2012) considers the legal, regulatory and reputational risks arising out of communications and all forms of document management, including:
Monitoring and review.
Storage and disposal of documents.
Podcast, Document Retention: the law and practice around the world (2012) discusses a number of issues relating to law and practice on document retention in the UK and internationally, including:
the international framework of legislation and regulation relating to document retention; and
practical guidance on drafting document retention policies.
Document retention: the law and practice around the world (www.practicallaw.com/2-517-1566) (2012) outlines the legal issues to be addressed when implementing or reviewing document retention policies, with specific reference to the law and practice in 10 jurisdictions, including Germany, Italy China and the US.
Your information: controlling external disclosure (www.practicallaw.com/0-204-3125) (2006) examines the challenges companies face in managing and protecting their information when dealing with external disclosures.
Document retention and disposal policies (www.practicallaw.com/4-101-2024) (2012) highlights the key points to address when implementing a document retention and disposal policy.
Managing documents: dealing with regulatory authorities (www.practicallaw.com/9-107-3680) (2012) outlines the core principles a company should consider when a regulator asks it to produce documents.