The US Department of Justice’s new guidance on the use and control of personal devices and third-party messaging applications by corporate staff has recently been the subject of much legal debate. In view of the increasing prevalence of mobile devices and messaging platforms for doing corporate business, the robust document outlines issues and potential challenges for firms and offers advice on whether (and how) to update pertinent corporate rules, practices, and systems.
This new guidance, published by Jones Day, draws on the DOJ’s enhanced emphasis on the preservation of and access to data to provide an in-depth view of how corporate legal teams might best navigate this intricate field.
The guidance document encourages corporate entities to reassess the adequacy of their compliance policies in relation to mobile devices and messaging systems, with special mention to data privacy and security considerations. Organizations are urged to be proactive in setting up checks and controls that allow data preservation and access, particularly in light of potential law enforcement needs.
Companies should also look into their existing rules and practices to ensure they are equipped to address risks that are inherent to the use of personal mobile devices and messaging applications for business purposes.
DOJ’s increased focus on data preservation and access underlines the need for corporations to develop and implement comprehensive policies that strike a balance between operational requirement, legal compliance, and risk mitigation.
This DOJ advice represents an important direction for corporate legal professionals to consider as they navigate the uncharted waters of mobile technology in, what can often be, a complex legal and regulatory landscape.
With digital technologies becoming increasingly integral to the functioning of any organization, it is more important than ever for corporations to continually scan the horizon for upcoming regulatory changes and evaluate their policies to ensure they are not left behind.