Financial Times: Business must wake up to reality of managing e-data: “Royal Dutch Shell and Morgan Stanley provide sound examples of the importance of locating and submitting electronic evidence.”: Wednesday 14 Sept 2005

By Adrian McDonald

Published: September 14 2005

From Mr Adrian McDonald

Sir, Your article "Anything you e-mail may be used in evidence" (September 8), highlights the increasing importance of electronic documentation and in particular e-mail in legal disputes. Royal Dutch Shell and Morgan Stanley provide sound examples of the importance of locating and submitting electronic evidence.

However it is alarming that, despite these highly documented cases and the threat of legal action, few companies enforce a record retention policy and fewer still have the technology to support it.

In cases where e-mail evidence is admissible, organisations must have an effective information management strategy in place. By not delivering this evidence, thousands of firms are leaving themselves open to prosecution.

While there is a lack of clarity about exactly what the courts expect companies to do, establishing policies and capabilities for efficiently accessing valuable information makes good business sense. Waking up to the reality of corporate prosecution would stir most firms to take a pragmatic look at their operations.

Adrian McDonald

VP and Managing Director, UK Ireland

EMC Corporation

Brentford,

Middlesex TW8 9AN

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