| Industry |
Regulator/
Regulation |
Impact |
| All |
US Federal Courts - Federal Civil Rules of Procedure #26-35 |
Effective December 1, 2006, this legislation requires organizations to keep track of these and other electronic records and be able to produce "electronically stored information" as part of the e-discovery process. |
Financial Services
Investment Banks, Broker/Dealers, Mutual Funds, Investment Advisors
|
Sarbanes Oxley (SOX)
NASD 2210, 3010/3110
SEC 17-a/34
SEC 204-2
NYSE 342, 372, 440
|
IM defined as electronic communication "book and record," required
to be logged, audited and archived. |
| Banking |
Sarbanes Oxley (SOX)
NASD 2210, 3010/3110
SB1386 in CA
Gramm Leach Bliley Act (GLB)
USA Patriot Act (USPA)
FDIC
|
IM defined as electronic communication "book and record". GLB
requires security of customer information. USPA requires record retention of
suspicious communications associated with money transfer and laundering.
FDIC provides guidance on security and management of IM. Learn more about
commercial banking regulations. |
| Federal Government
|
Department of Defense (DOD) |
DOD Directive 5015.2 sets standards for records retention,
including IM.
|
| Life Sciences/ Healthcare
|
Health Insurance Portability and
Accountability Act (HIPAA) |
HIPAA requires retention of patient records during clinical trials
by med/pharma companies and privacy of patient records, including patient
information shared over IM. |
| Energy |
Federal Energy Regulatory Commission (FERC) |
IM defined as electronic communication "book and record". FERC
requires the logging and auditing of transaction-related information. |
| Telecom |
Federal Communications Commission (FCC) |
Extensive record keeping and storage requirements. Supervision and
index of books and records required. |
| Investment Services (Europe) |
Financial Services Authority (FSA) |
Markets in Financial Instruments Directive (MiFID): IM is required to be
recorded when orders are received over this electronic communication medium. Data must be
stored for a three year period in a format readily accessibly by the FSA, and it must not be
possible to alter or manipulate the records. |