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.

Mike Volkov reviews the issues, DOJ’s guidance and strategies to address the issue.