What to do about business-related text and WhatsApp messages

Over the past year, US financial regulators have announced game-changing enforcement cases and corporate cooperation guidelines to prompt businesses to retain, review, and—if subpoenaed—produce employees’ business-related text messages on both personal devices and within so-called ephemeral messaging apps such as WhatsApp, Snapchat, Telegram, Confide, and many others. The ephemeral apps are particularly ubiquitous, and many employees mistakenly believe that their messages will disappear almost magically, leaving no trace. But the technical reality is not that simple, presenting innumerable challenges for legal and compliance staff. This article highlights the recent regulatory scrutiny concerning messaging and offers practical considerations for companies of all sizes.

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