Electronic Communications: Using Third Parties for Compliance, Mitigating Social Media Risks and Fulfilling Document Requests

The responsibility to monitor, preserve and produce the electronic communications of employees have far exceeded most companies’ in-house capacity. That is exacerbated by the pervasiveness of social media and other forms of electronic messaging that blur the line between personal and business messages. This final article in a three-part series originally published by our sister publication Private Equity Law Report explains how fund managers can work with service providers to capture, archive and surveil their employees’ electronic communications and social media practices. The first article provided an overview of recent regulatory measures – ranging from guidance to enforcement actions – related to electronic communications, as well as certain trends that are exacerbating the topic’s significance for fund managers. The second article suggested several types of considerations that fund managers should weigh when preparing employee training regimens, as well as policies and procedures, directed at rooting out improper electronic communication practices. See “Retaining Business Records in an Era of Disappearing Messaging Apps” (Sep. 14, 2018).

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