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Email Records Retention Policy Template for United States

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Key Requirements PROMPT example:

Email Records Retention Policy

"Need an Email Records Retention Policy for our healthcare technology startup that complies with both HIPAA and SOX requirements, with specific emphasis on handling patient-related emails and financial records retention periods starting March 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Sarbanes-Oxley Act (SOX): Federal law that requires retention of business records, including emails, particularly for publicly traded companies. Sets requirements for corporate record-keeping and places criminal penalties for non-compliance.

Federal Rules of Civil Procedure (FRCP): Federal rules governing civil procedure including electronic discovery requirements. Specifically addresses preservation and production of electronically stored information (ESI) including emails.

Freedom of Information Act (FOIA): Federal law requiring disclosure of government agency records upon request, necessitating proper email retention for government entities.

Electronic Communications Privacy Act (ECPA): Federal law governing the privacy of electronic communications, including email storage and access restrictions.

HIPAA: Healthcare privacy law requiring specific retention and security measures for protected health information, including when transmitted via email.

Gramm-Leach-Bliley Act (GLBA): Financial services law requiring protection and proper retention of consumer financial information, including email communications.

SEC Rules 17a-3 and 17a-4: Securities and Exchange Commission rules specifying record-keeping requirements for broker-dealers, including email retention periods and storage methods.

FINRA Rules: Financial Industry Regulatory Authority rules governing email retention and supervision requirements for member firms.

FDA 21 CFR Part 11: Food and Drug Administration regulations for electronic systems, including requirements for email retention in pharmaceutical and medical device companies.

DOD 5015.2: Department of Defense standard for records management that affects government contractors and specifies email retention requirements.

State Data Protection Laws: Various state-specific requirements for data protection and retention, which may affect email retention policies.

CCPA: California Consumer Privacy Act providing specific requirements for handling personal information, including email data, for California residents.

GDPR: European Union's General Data Protection Regulation affecting organizations handling EU resident data, including specific requirements for email retention and deletion.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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