Edisclosure, Offshore Or Onshore, That Is The Question?

For many years there has been regulations dealing with the disclosure of documentation

in legal disputes with stiff penalties for those breaching them, whether by accident or deliberately. The wide use of the internet as a business tool has led to the necessity of new regulations dealing with eDisclosure, or electronic disclosure to give it its full name.

The use of the internet for business purposes has increased to a level where the majority of companies accept it is normal to carry out a great proportion of their business online. The use of the internet as a tool to create, share and exchange documents is a widely accepted business practise. The existing regulations did not allow for document or data disclosure for documents and data shared or exchanged on the internet. It is essential that business's are aware and comply with these regulations or be penalised for failure to carry out eDisclosure.

For a company, even a small company, to keep track of all documents and data produced electronically during the course of their business is a huge task. If your company is unfortunate enough to be required to enter into electronic disclosure, it is necessary that you fully understand your responsibilities and carry out a thorough audit of your companies electronic data.

There are companies available offering services to help you with the task of data disclosure and digital discovery, however, it is essential their credentials are thoroughly checked out. It is important to study the methods they employ for digital discovery and the way the disclosure is reviewed.

A recent High Court decision has made it quite clear that the courts will not suffer inadequate disclosure and will demand high standards from companies involved in the process. Further, there was criticism levelled at the standard of disclosure review offered by offshore providers of this type of work and stressed the pitfalls of employing an offshore company. The criticism was levelled at the lack of understanding of the business's defence offered to the court and the management of the disclosure review, feeling that it was inadequate.

One reason for employing an offshore company is to reduce costs, however, if the disclosure proves inadequate the costs can escalate when the court demands another audit and you must pay another company to redo the work and face possible financial punishment from the court as well. The High Court was not damning of using offshore companies per se, but there is no doubt the highlighting of the problems with the offshore company, in this particular case, will lead to closer examination of other cases using offshore companies to carry out disclosure reviews.

Should you be in a position where you are required to carry out an eDisclosure review, for peace of mind use an onshore company fully versed in the legal requirements of the disclosure process to complete a full an adequate review. Visit go www.edisclosureuk.com, there you will find a company with the knowledge, experience and expertise to ensure your review is completed with accuracy. You can rest assured you will not fall foul of the criticism and penalties imposed by the courts.

by: MD5 Forensics

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