Electronic discovery services and providers are becoming increasingly popular in a digitized world, where preserving relevant data is essential, and failure to do so can often result in severe consequences.
Data preservation is the building block for the electronic discovery process as it ensures essential data required for regulatory or legal matters remains intact. It makes sure all your relevant evidence retains its integrity and isn’t destroyed or altered in any way.
Even though both preservation and legal holds are often associated with one another, they’re not synonymous at all. The data preservation process goes way beyond legal hold.
However, there’s a lot to think about when it comes to preservation, and with changing technology, ensuring data is protected from any modifications and deletion has become more critical than ever.
When it comes to preserving data for eDiscovery, there’s no law or authoritative body explicitly defining any rules. Many grey areas surround the process and determine what is obligatory and what isn’t, and different jurisdictions set their standards that you must meet. However, some key areas remain relatively consistent throughout case law, such as:
With data preservation, your duty to retain evidence starts when you have reasonable doubts or anticipate future litigation where the data might come in handy.
You don’t have to be in the middle of a legal battle to start collecting and storing evidence that helps your case; it can start well before the preservation letter is received or the lawsuit has been filed. Preserving essential data before the commencement of any litigation allows you to remain stress-free and on top of your game in court.
The extent of preservation obligations
When it comes to determining the extent of preservation obligations, it can vary greatly depending on your case and the other party. The lack of clear boundaries is often a point of contention between the parties, making matters more complicated than they need to be.
But some main factors can help you decide the range of preservation, including the accessibility of information, costs of conservation, and the nature of the issues brought to court. Typically, both parties are expected to stick to a standard and retain a balance in demands, preservation efforts, bearing costs, and burdens associated with preservation.
What happens when you fail to preserve?
There’s no denying that your lack of care and regard for evidence will eventually result in effecting your case. Depending on whether it was intentional or just negligence on your part, you might be penalized by a judge for the destruction of data.
Minor sanctions generally include attorney compensations and monetary fines, while more severe sanctions might include criminal punishments.
If you’re looking to take advantage of the latest litigation technologies in the UK, we’re the company for you.
At GeoDisco, we offer secure data preservation services, cutting-edge technology tools, eDiscovery tools, DSAR Compliance services, outsource litigation services, eDiscovery Data processing services, and more. Our eDiscovery experts ensure savings on litigation costs and provide efficient and quick data processing services.
For more information about emerging tech for litigations, reach us at +44 (0) 207 157 9686 or request a quote.