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In the current digital era, where information accumulates at an unprecedented pace, the act of gathering critical data to back eDiscovery efforts can be daunting. As data keeps pouring in from every corner, corporate legal teams are tasked with sifting through this overwhelming mountain to pinpoint essential information.
Here are the seven key steps towards achieving optimal readiness, empowering you to confront these challenges.
1. Build Your Team
The foundation of any effective eDiscovery strategy lies in the synergy of a robust team. This pivotal step encompasses the gathering of seasoned professionals who are part of the multifaceted spheres of the data lifecycle, from its inception and collection to its secure usage, retention, transfer, and eventual disposal.
Where to Start:
Begin your journey by pinpointing the pivotal individuals who play a role in eDiscovery and overarching data supervision. Extend your net to bring in members from the legal, IT, and compliance corridors and those dedicated to safeguarding data.
2. Data Identification
A prerequisite to any data strategy is understanding where it is located. Recognizing where every piece of your data lies is instrumental in optimizing business operations and, more crucially, honing the precision of eDiscovery.
Where to Start:
Begin with an exhaustive examination of the various data reservoirs within your organization. Stretch your vision beyond the obvious, exploring realms like emails, dedicated file servers, expansive cloud storage solutions, and myriad other potential treasure troves of information. That includes technology devices such as mobile phones, laptops, tablets. Put in place a systematic categorization mechanism for effortless navigation in the future.
3. Data Classification
Grasping the nature and inherent purpose of your data reservoir is critical. Data classification is not just about categorization; it serves as your compass, guiding you through the potential pitfalls and risks, and enabling astute data-centric decision-making.
Where to Start:
Design a classification blueprint that classifies data assets based on their sensitivity. There are four primary classification categories: Restricted data, which includes proprietary and legally bound information; Internal data, like confidential business plans; Public data, which is openly accessible like employee names; and Confidential data, which covers personally identifiable information protected by regulations like HIPAA.
4. Data Retention
In data management, retention strategies are crucial. They ensure unwavering adherence to the ever-evolving regulatory landscape while also serving to curb unnecessary storage expenditures.
Where to Start:
First, establish specific retention periods adhering to legal and operational needs. Choose relevant storage technologies and maintain regular backups, ensuring data integrity. Once the retention period ends, employ secure disposal methods and keep detailed records for compliance. Adhere to the principle of retaining only essential data, reducing storage costs and potential breach risks. Regularly review retention regulations, ensuring compliance, especially concerning personal data and privacy norms like Article 5 of GDPR.
5. Data Governance
In order to place unwavering trust in your data, it is crucial that you can vouch for its integrity, precision, and dependability every step of the way during its lifecycle. This underscores the vital importance of a robust data governance program.
Where to Start:
Embark by crafting a comprehensive data governance blueprint that clearly delineates roles, overarching responsibilities, and streamlined processes. This blueprint should encapsulate rigorous standards for data quality, pinpoint accuracy, user-friendly accessibility, and seamless consistency.
6. Implement Technology and Automation
With the wealth of data available — hence “data avalanche” — the reliance on manual methods alone becomes less and less practical. Leveraging cutting-edge technology and automation becomes not just a choice, but a necessity, to optimize and simplify the eDiscovery landscape.
Where to Start:
In the ever-evolving landscape of eDiscovery, it is crucial to partner with providers who proactively adapt to these changes. Seek out those with a consistent history of timely and impactful software updates. Integration capabilities, particularly with APIs, are vital for efficiency. But remember, all API connectors differ; it’s essential to delve into their precise functionalities and adaptability. Automation in eDiscovery solutions aids in managing diverse data sources. Prioritize data security by choosing solutions compliant with legal and industry standards. Lastly, ensure the provider offers robust training and support, empowering your team to harness the solution’s full potential.
7. Monitor and Review
For organizations, when it comes to their data governance programs, stasis is not an option. Maintaining optimal readiness for eDiscovery requires adaptability and an ever-vigilant proactive stance.
Where to Start:
For a successful data governance program, it is essential to review and update it regularly. Implementing a structured change management process is key, and documenting the reasons for any adjustments is vital. Equally important is prioritizing robust training for new team members to ensure that they’re aligned with your program’s goals. Maintaining consistency in the application of the program’s principles across the organization is crucial.
Ultimately, with methodical steps and a forward-thinking mindset, you can help ensure your organization has a more effective and efficient eDiscovery process.
To learn more about the steps you can take to prepare and future-proof your organization, download “The Data Avalanche” whitepaper today.
