DOJ, FTC re-emphasize requirement to retain business communications

Slack

The Department of Justice (DOJ) and Federal Trade Commission (FTC) updated language contained in standard preservation letters regarding the maintaining of business communications made via collaboration tools and ephemeral messaging apps.

The DOJ’s Antitrust Division and FTC said in a joint press release Friday that the updated language contained in all second requests, voluntary access letters, and compulsory legal process, including grand jury subpoenas, will “reinforce longstanding obligations requiring companies to preserve materials during the pendency of government investigations and litigation.”

Specifically mentioned were collaboration tools and apps like Microsoft Teams, Signal, and Slack, technologies which “allow, or even automatically enable, immediate and irretrievable destruction of communications and documents,” the agencies said.

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