eDiscovery compliance: Ensuring Security and Mitigating Risk

The world’s businesses are increasingly digital. As more enterprises and organisations undertake digital transformations, the risk of data breaches and security threats increases.

Two critical components of a successful digital transformation are eDiscovery and data migration. Critically, ensuring these processes operate effectively will protect sensitive data and intellectual property while adhering to compliance regulations.

This blog delves into the importance of eDiscovery compliance and security. It outlines the risks and explains how Transvault has successfully completed hundreds of compliant digital transformations, thereby providing you with a starting blueprint for your own approach.

What is eDiscovery?

Electronic discovery or eDiscovery is the process of identifying, collecting, processing and reviewing data as part of a technology migration or legal request. eDiscovery is often described as electronic stored information (ESI) discovery. ESI is defined as any electronically stored data. It can include:

  • Emails
  • Documents
  • Spreadsheets
  • Presentations
  • Databases
  • Voicemails
  • Social media posts
  • Website content

Organisational data is often complexly structured, disparately stored and exponentially growing. This can make it near-impossible for businesses to keep track of all their data manually, let alone find the information when they need it. Fortunately, there are solutions that make this process more efficient and less intimidating.

Importance of eDiscovery for enterprises and organisations

As more and more organisations conduct business digitally, the amount of electronic information they create and store grows. eDiscovery can help organisations to:

Identify, preserve and analyse data
eDiscovery tools help identify and preserve relevant data. It helps ensure all evidence is available for review and/or production.

Regulatory requirements, cross-border compliance and legal risk management are often the driving force behind many eDiscovery initiatives, although eDiscovery capabilities go beyond legal requirements. It can be beneficial for knowledge management, internal investigations or business intelligence. It supports streamlined data analysis, allowing businesses to extract valuable insights and make well-informed decisions.

Legal compliance
As you know, enterprises have vast amounts of data. This data is subject to legal and regulatory requirements, such as data privacy laws, federal laws, employment laws or industry-specific regulations.

eDiscovery enables businesses to ensure compliance and lower the time spent searching for critical information. It identifies and preserves relevant data – which can be crucial in legal proceedings or regulatory audits.

Litigation and investigations
Businesses may face legal disputes, litigation, audits or regulatory investigations at any time. eDiscovery plays a vital role in these circumstances. It helps organisations search, review and produce requested documentation, often within strict timeframes and under the threat of heavy financial penalties.

Additionally, it helps streamline the discovery process, saving time and effort while reducing the costs associated with manual data collection and review.

Preservation of data integrity
During digital transformations or data migrations, there is a real risk of data loss, corruption or tampering. eDiscovery ensures that relevant data is properly preserved and protected throughout the process. It establishes defensible processes to maintain data integrity and provides a clear audit trail of data activities – critical for demonstrating compliance and for keeping an organisation focused on its core commercial objectives.

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