Webinar: Electronics Communications Risks in the Era of Ephemeral Messaging

November 14, 2023, 12 Noon EST

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Companies have a vested interest in preserving internal communications for a variety of reasons — to hold actors accountable, and to protect the organization from potential private and government claims or investigations that may have serious direct or collateral consequences.

Companies that want to use ephemeral messaging systems can do so but they have to understand the risks involved and tailor appropriate controls and procedures to avoid potential damage.

DOJ’s Evaluation of Corporate Compliance Programs (“ECCP”) released in March 2023 authorized companies to use ephemeral messaging, but emphasized several important risk considerations and controls needed to preserve robust record-keeping requirements.

DOJ’s ECCP identifies three significant areas for consideration: employee use of personal devices, availability of communications platforms (e.g. Jabber, Slack, Teams, Google, Zoom), and messaging applications, including ephemeral messaging. DOJ’s ECCP noted that a company’s policies governing messaging applications “should be tailored to the corporation’s risk profile and specific business needs and ensure that, as appropriate and to the greatest extent possible, business-related electronic data and communications are accessible and amenable to preservation by the company.”

In this webinar, Michael Volkov reviews and analyzes appropriate strategies for companies to gain the benefits from ephemeral messaging systems and the controls needed to preserve records and meet DOJ expectations.