The Department of Justice (DOJ) announced changes to its evaluation procedures for corporate compliance programs in criminal investigations, including monitoring off-channel and cursory messaging by employees, executive compensation programs, and how the agency selects compliance monitors.

On Friday, the DOJ unveiled its revised Evaluation of Corporate Compliance Programs (ECCP) policy, which Assistant Attorney General Kenneth Polite Jr. said in a speech will consider for the first time in its evaluation “a corporation’s approach to the use of personal devices as well as various communications platforms and messaging applications, including those offering ephemeral messaging.”

“[W]e will consider how policies governing these messaging applications should be tailored to the corporation’s risk profile and specific business needs and ensure that, as appropriate, business-related electronic data and communications can be preserved and accessed,” Polite said. “Our prosecutors will also consider how companies communicate the policies to employees and whether they enforce them on a consistent basis.”