��������Ƶ

A Litigation Hold Notice tells employees and organizations to preserve all documents and data that might be needed for an upcoming legal case. Under German civil procedure rules, this formal instruction helps prevent the deletion or alteration of potentially relevant evidence - from emails and files to social media posts and chat messages.

Once you receive this notice (also called a "document preservation notice" or "Beweissicherungsmitteilung"), you must immediately stop any routine deletion of records. German courts take these obligations seriously, and failing to preserve evidence can lead to significant penalties and negative case outcomes. The hold typically stays active until the legal proceedings end or you receive explicit release instructions.

Issue a Litigation Hold Notice immediately when your company faces potential legal action or regulatory investigation in Germany. Common triggers include employee disputes, contract conflicts, data privacy complaints under GDPR, or when authorities like BaFin announce an upcoming audit. Send it as soon as litigation becomes reasonably likely - don't wait for formal court papers.

Time-sensitive situations demand quick action: workplace accidents, intellectual property disputes, or environmental incidents all require immediate preservation notices. The sooner you distribute the hold notice, the better protected your organization stays from claims of evidence spoliation. This applies to both conventional documents and digital records across all company systems and devices.

• Standard Hold Notice: Basic form covering general document preservation requirements - ideal for straightforward commercial disputes and routine compliance matters.
• Department-Specific Notice: Tailored instructions for specific teams like IT, HR, or Finance, with detailed guidance on their unique data types.
• Enterprise-Wide Notice: Comprehensive version for complex litigation affecting multiple divisions, often including international data preservation requirements.
• Technical Systems Notice: Focused on preserving electronic evidence, database records, and digital communications with specific IT system instructions.
• Regulatory Investigation Notice: Specialized version for BaFin investigations or other German regulatory matters, with emphasis on regulated data types.

• Legal Department: Drafts and coordinates Litigation Hold Notices, working with IT to identify relevant data sources and systems.
• Executive Management: Reviews and authorizes hold notices, ensuring company-wide compliance with preservation requirements.
• IT Teams: Implements technical preservation measures, suspends automatic deletion policies, and maintains data integrity.
• Department Managers: Distribute notices to their teams and monitor compliance within their units.
• Employees: Must follow preservation instructions, securing relevant documents and data in their possession.
• External Counsel: Advises on scope and legal requirements, especially for cross-border matters under German law.

• Incident Assessment: Document the triggering event, potential legal claims, and scope of relevant information.
• Data Mapping: Identify all systems, devices, and locations where relevant information might be stored.
• Key Personnel: List departments and employees likely to have relevant materials or responsibilities.
• Preservation Scope: Define specific types of documents, date ranges, and subject matters to preserve.
• Distribution Plan: Create recipient list and delivery method tracking system.
• Compliance Monitoring: Establish how you'll track and verify preservation efforts.
• Template Selection: Use our platform to generate a legally-sound notice that meets German requirements.

• Legal Basis: Clear statement of legal duty to preserve under German civil procedure rules.
• Scope Definition: Precise description of documents and data types to be preserved.
• Time Period: Specific start date and duration of the hold obligation.
• Preservation Instructions: Step-by-step guidance on suspending deletion and securing data.
• GDPR Compliance: Data protection requirements and processing justification.
• Employee Obligations: Individual responsibilities and acknowledgment requirement.
• Contact Information: Designated point person for questions and compliance reporting.
• Consequences: Clear statement of penalties for non-compliance.

A Litigation Hold Notice differs significantly from a Data Processing Notice in both purpose and timing. While both documents deal with data handling under German law, they serve distinct functions and operate under different legal frameworks.

• Timing and Duration: Litigation holds are reactive and temporary, triggered by potential legal action. Data Processing Notices are proactive and ongoing, required from the start of data collection.
• Legal Framework: Litigation holds operate under civil procedure rules and evidence preservation laws. Data Processing Notices fulfill GDPR requirements and general data protection obligations.
• Scope of Coverage: Litigation holds freeze specific documents related to potential disputes. Data Processing Notices explain routine handling of all personal data.
• Recipient Focus: Litigation holds target internal staff and departments. Data Processing Notices inform external data subjects about their rights and company practices.