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Email Records Retention Policy Template for United States

An Email Records Retention Policy is a formal document that establishes guidelines and procedures for the retention and disposal of email communications within an organization operating in the United States. This policy ensures compliance with federal regulations including SOX, FRCP, and industry-specific requirements while managing organizational risk and maintaining efficient email storage practices. It outlines retention periods, archiving procedures, and compliance requirements specific to U.S. jurisdictions.

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What is a Email Records Retention Policy?

The Email Records Retention Policy is essential for organizations operating in the United States to maintain compliance with federal and state regulations while managing electronic communications effectively. This document becomes necessary when organizations need to establish consistent practices for email retention, ensure legal compliance, and manage storage resources efficiently. It addresses requirements under various U.S. regulations including SOX, FRCP, and industry-specific mandates, while providing clear guidelines for email retention periods, archiving procedures, and disposal protocols.

What sections should be included in a Email Records Retention Policy?

1. Purpose and Scope: Defines the purpose of the policy and who/what it applies to

2. Definitions: Key terms used throughout the policy including types of email records, retention periods, and legal holds

3. Roles and Responsibilities: Defines who is responsible for implementing and maintaining the policy, including IT, legal, and end users

4. Retention Schedule: Specific timeframes for different types of email records and the basis for these timeframes

5. Compliance Requirements: Legal and regulatory requirements that must be followed including SOX, FRCP, HIPAA, and GLBA requirements

What sections are optional to include in a Email Records Retention Policy?

1. Industry-Specific Requirements: Additional requirements for specific industries such as financial services (SEC Rules), healthcare (HIPAA), or government contractors (DOD standards)

2. International Data Considerations: Requirements for handling email records subject to international regulations such as GDPR

3. Emergency Procedures: Procedures for handling email records during system emergencies or disasters

What schedules should be included in a Email Records Retention Policy?

1. Retention Schedule Matrix: Detailed matrix showing different types of emails and their required retention periods

2. Legal Hold Procedures: Step-by-step procedures for implementing and managing legal holds on email records

3. Email Classification Guide: Comprehensive guide for classifying different types of emails and their retention requirements

4. Compliance Checklist: Checklist for ensuring compliance with the email retention policy

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Cost

Free to use

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