Andrew J. Kennedy: Guidelines Emerge with Rise in E-Discovery of Employee Devices

Extract from Andrew J. Kennedy’s article “Guidelines Emerge with Rise in E-Discovery of Employee Devices”

Over the last twenty years employees have become accustomed to using their own personal devices for work. This has become known as “Bring Your Own Device” or “BYOD.” With BYOD comes concerns about security, privacy, and discovery obligations. In January 2018, the Sedona Conference published the paper “Commentary on BYOD: Principles and Guidance for Developing Policies and Meeting Discovery Obligations.”The paper’s aim is to help organizations develop BYOD policies and reduce discovery disputes.

Baseline Principles Offer Companies Guidance on BYOD
At its core, the Sedona Conference established five key principles on BYOD policies. The first principle is that “organizations should consider their business needs and objectives, their legal rights and obligations of their employees when deciding whether to allow, or even require BYOD.”

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