FW: More companies are collecting, storing and communicating their information electronically. What e-discovery considerations and implications should companies consider when migrating to the cloud?
Lawson: The revolution is underway as a broad spectrum of organisations has embraced cloud computing. However, there is a struggle to find best practices as regulators and courts have not yet had the opportunity to address e-discovery in the cloud. Companies should consider the following when entering the cloud. First, have an escape plan. Know how you’ll get your data out, whether for discovery, compliance, or change in provider before you enter. Second, don’t just toss your dirty laundry in a drawer and forget about it. Use your migration to the cloud as an opportunity to clean your records management house. Third, set standards. Clearly define who can use cloud data and when. Fourth, create and test a response plan before moving to the cloud. Finally, know where everything is. Maintain an accurate data and system map.
Martinez Reyes: As cloud computing becomes the new information technology (IT) standard for enterprises of all varying sizes and industries, replacing the traditional legacy IT systems, companies need to become better educated on evaluating and managing their own proprietary systems and related providers. From collecting, storing and transmitting key business data electronically, to sustaining the necessary technological infrastructure and processes, companies need to focus on the basics of hardware, software, peripherals, and applications. Pivotal areas for cloud computing environments also entail sensitive IT concerns and e-discovery key factors such as security, compliance, data storage, privacy, intellectual property, and disaster recovery. Businesses must consider and plan for how they will be affected by arising legal issues including e-discovery during design, planning, implementation, and migration to cloud computing.
Matus: E-discovery requires at least seven distinct steps: the identification; preservation; collection; processing; review; analysis; and production of electronically stored information. Before migrating to the cloud, companies need consider how they will continue to perform each of these steps once they have migrated. For example, many companies have developed methods for both the identification and preservation of information ‘in place’ within the corporate firewall. Will there be a corresponding method when adopting a provider’s cloud solution or can one be created?