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Answer Upon - Compliance and Regulation: Impacting on the Global Business Community
In fact, her father explained the fundamental principles to my father over 30 years ago: A renewable energy source that’s not subject to Arab oil embargoes or Mid-East wars ... cleaner fuel for the world’s automobiles... more jobs... less pollution.Now, that future is here:Every country on the planet wants to see more of its automobiles running on renewable fuels like ethanol. And with 600 million gas- and diesel-burning cars and trucks on the road today, that implies the most massive transformation since the industrial revolution. Every major government is implementing policies that stimulate ethanol consumption. And with hundreds of billions of public money pouring into research and development, this is not exactly a temporary fling. Wealthy individuals, large banks, major mutual funds are all looking more seriously at ethanol. And yet, the big flows of investment money into ethanol have barely begun. Why the Hesitation?I Count Three Reasons ...• First, some investors seem to think investing in ethanol is strictly for environmentalists. They don’t believe global warming is a man-made phenomenon, and they don’t agree that cars should have to shift from gasoline to biofuels. So they don’t see much future in ethanol.Big mistake! The shift to ethanol is not just about burning cleaner fuel. As Elisabeth’s father pointed out over three decades ago, ethanol is also about reducing our dependence on petroleum imports ... slashing our
Document Management: the Way Forward
The increasingly complex demands of legislation underline the need for businesses to implement document capture and document management systems. However, even though a document management system is an important component, alone it will not ensure compliance. A wider view is needed to ensure businesses maintain their compliance with changing legislation.
In a court of law, the judge will consider the evidence based on several criteria:
• Are procedures clear and consistent, with a requirement to document procedures? This is often referred to as a document policy.
• Are the procedures enforced? This is a shared responsibility between management and the selected document management system's access and privilege controls.
• Can the claims be substantiated? This relies heavily on the document management system’s audit trail.
Compiling a Document Policy
After establishing which regulations have to be complied with, a document policy is required covering the following:
o Scope of information covered
o Security classifications
o Storage media
o File format and version control
o Standards (compliance and regulations)
o Retention and destruction
o Responsibilities
A document policy defines how information is stored, and is therefore central to ensuring compliance. It should serve these main purposes:
o Ensure everyone knows what they can do
o Define the business practice at the time
o Demonstrate why a given action was undertaken, e.g. ex
The other day I was involved in a discussion group in which a sales rep for a small IT company was asking for suggestions on acquiring more leads. Several good suggestions came up. One person offered that the most important thing the sales person needed to do was understand his company's product. Another recommended creating a detailed client profile. Still others offered thoughts on everything from cold calling to direct response.I think we confused the poor fellow.Here was a person who was trying to attract more customers to his company, but he wasn't being given any clear direction as to how to go about doing so. No wonder he was so eaten up with anxiety. He wanted simple solutions for bringing in business leads.We were all off base in the suggestions we gave him.Time and again companies face the same difficulties: Attracting customers. Retaining the customers they have attracted. Helping customers be successful with their products and services. Keeping the right employees engaged and focused on delivering the company's unique value to both external and internal customers. When companies lose their focus, they do none of these well.It is a company's focus on (a) what it does consistently well and (b) what sort of business it sets itself up to be that makes the difference. When the company's focus strays, customers know it and start looking elsewhere for answers to their problems.<
The latest compliance standards focus on greater accountability and control in key business processes – most importantly document flows and data management.
There are two central aspects to enforcing compliance:
• The corporate duty of care in enforcing standards
• The need for legal protection in the event of litigation or a dispute
Non-compliance is not an option, companies risk stiff fines and executives can be held personally liable if information is not in order. Therefore, it is important that the business examines all regulations, not just those affecting their specific area of operation, but also generic legislation affecting general business activities.
The consequences of non-compliance are extremely serious; in December 2002 the SEC fined five Wall Street brokerages a total of $8.25m for improperly storing e-mail communications (Forrester Research).
Distributing documents for approval, whether in hard copy or electronic form, raises security issues. Who is authorised to access documents, and what information can they access within them? This is particularly important to ensure compliance with legislation such as the Sarbanes Oxley Act, which applies to US companies and their foreign subsidiaries; and in the UK, the Data Protection Act and the Freedom of Information Act.
Document processing software such as Tokairo’s TokOpen system addresses these challenges and automatically enforces compliance. Every action relating to individual document access is audited, access is limited to specified personnel, and actions they can undertake are also controlled. Software can also restrict access to different information within a document, to different specified users or groups within an organisation.
This ability to allow different information in a document to be seen by different users means that the divergent needs of the Data Protection Act and the Freedom of Information Act can both be met automatically, without the need to make copies of documents.
This flexibility can also extend to the hierarchy of approval based on the value of an invoice. So if a member of staff is not allowed to approve payment of an invoice of over ?500 for example, it can still be checked by them, but then can automatically be escalated to a superior for payment sign-off.
The following are some of the most recent regulations, and the effects they can have on corporate document management strategies:
Sarbanes Oxley Act 2002
This is a key driver of compliant corporate document management systems. In the US non-compliance is now a Federal offence, carrying a penalty of up to 20 years in prison. US subsidiaries in the UK are also required to comply with this legislation. The European Union is expected to introduce similar rulings for member countries.
Under section 302, the CEO and CFO must certify that reports accurately show the company’s financial condition and results. In addition, they must certify that they have established and evaluated internal controls to ensure accurate recording and reporting of performance. Any deficiencies in these controls as well as any fraud at management level must be reported.
Section 404 requires annual reports to detail internal controls that are in place to ensure accurate financial reporting, as well as an assessment of their effectiveness.
This can have a significant impact on a document management system. For example, a company without clear control and visibility of approving invoices for payment could be in breach of the Sarbanes Oxley Act.
Data Protection Act 1998
Regardless of what document management system may be in place, personal information for business use needs to be handled in compliance with the Data Protection Act 1998. A secure document management system such as TokOpen can help with compliance, as it reduces the scope for theft or accidental loss of personal and confidential data. It can also facilitate the execution of valid requests for such data.
The Act enshrines eight principles:
1. Personal data shall be processed fairly and lawfully.
2. It shall be obtained only for specified lawful purposes, and shall not be further processed in any manner incompatible with those purposes.
3. It shall be adequate, relevant and not excessive in relation to the purposes for which it is being processed.
4. It shall be accurate and, where necessary, kept up to date.
5. It shall not be kept for longer than is necessary.
6. It shall be processed in accordance with the rights of data subjects under the Act.
7. Appropriate technical and organisational measures shall be taken to prevent unauthorised or unlawful processing of personal data, and to prevent accidental loss, destruction or damage to personal data.
8. Personal data shall not be transferred to a country or territory outside the EU unless an adequate level of protection for the rights and freedoms of data subjects is ensured.
Freedom of Information Act
This gives people a general right of access to information held by, or on behalf of, public authorities. It is intended to promote a culture of openness and accountability amongst public sector bodies, and to increase public understanding of how public authorities work, why they make the decisions they do, and how they spend public money.
Good document management should be a key objective for all organisations, public and private, in the drive to achieve business efficiency, and ensure that information is easily retrievable and properly documented. As a result of this, public authorities will then be able to comply more easily with legislation that affects them, such as the Freedom of Information Act.
The principles underlying records management – creation, retention, identification and retrieval – apply equally to both electronic and paper media. This means that procedures for e-mail and other information held on shared and personal hard drives have to be as robust and detailed as those for other records.
Conflictions in Compliance
Document management systems are challenged when different data in the same document relates to both the Data Protection Act and the Freedom of Information Act, since one is geared for confidentiality, the other for accessibility.
Leading document management systems such as TokOpen, control who can view different parts of a document, meeting the conflicting needs of both pieces of legislation.
In a typical document, such as a Wire Transfer Application form, some of the information falls under the Freedom of Information Act, and other parts of the document are private meaning access must be restricted and audited in accordance with the Data Protection Act. Certain data must not be disclosed to anyone outside the bank as it is private and for internal use only.
Document management software overcomes this problem by hiding the internal information when the document is viewed by someone outside the bank. Users with authorised access are still able to view the whole document.
In the same example, the applicant’s name and address are protected by the Data Protection Act, and should therefore only be seen by the staff members dealing with that client, such as HR or Accounts. Remaining staff do not have access to these specific document details. TokOpen document management software can ensure compliance with this.
Document Management: the Way Forward
The increasingly complex demands of legislation underline the need for businesses to implement document capture and document management systems. However, even though a document management system is an important component, alone it will not ensure compliance. A wider view is needed to ensure businesses maintain their compliance with changing legislation.
In a court of law, the judge will consider the evidence based on several criteria:
• Are procedures clear and consistent, with a requirement to document procedures? This is often referred to as a document policy.
• Are the procedures enforced? This is a shared responsibility between management and the selected document management system's access and privilege controls.
• Can the claims be substantiated? This relies heavily on the document management system’s audit trail.
Compiling a Document Policy
After establishing which regulations have to be complied with, a document policy is required covering the following:
o Scope of information covered
o Security classifications
o Storage media
o File format and version control
o Standards (compliance and regulations)
o Retention and destruction
o Responsibilities
A document policy defines how information is stored, and is therefore central to ensuring compliance. It should serve these main purposes:
o Ensure everyone knows what they can do
o Define the business practice at the time
o Demonstrate why a given action was undertaken, e.g. exp
May be, but it won't be evident in the next decade at least! As people say everything starts as a small spring. Maybe the downfall is imperceptible... But it is high time they start re-inventing themselves.An interesting lesson from "Paranoid Survive"... from which we can understand that there is a shift in the computer industry, Software is becoming a commodity. The fact is, the number of customers realizing that are on the rise. Customers now tend to pay for the service offered by the company, and not the software. This pardigm shift, could be hard to digest for B'Gates. Because they are no where in the services domain... as an outsider of microsoft, this is my perception...Going forward, I would like to take the privilege of comparing Microsoft and GE. Jack Welsch, restructered GE, and gave a new management mantra... "If something is working then fix it." When this was pronounced by Jack, it was widely criticized as a fallacy, which could lead to the downfall of GE. But look at GE now, because of his diversification and "vision" of the future,. they are the No: 1 in medical equipments. In the course of their growth, he had to make sacrifices to bring GE to what it is now... so what is thebig deal? Well! I'm not asking m'soft to completely change their path... but I don't see anything happenning...In my humble opinion, any entereprenuer should not have ego. It is bound to kill the company! B'Gates seems to have more of it... he has to shed i
This ability to allow different information in a document to be seen by different users means that the divergent needs of the Data Protection Act and the Freedom of Information Act can both be met automatically, without the need to make copies of documents.
This flexibility can also extend to the hierarchy of approval based on the value of an invoice. So if a member of staff is not allowed to approve payment of an invoice of over ?500 for example, it can still be checked by them, but then can automatically be escalated to a superior for payment sign-off.
The following are some of the most recent regulations, and the effects they can have on corporate document management strategies:
Sarbanes Oxley Act 2002
This is a key driver of compliant corporate document management systems. In the US non-compliance is now a Federal offence, carrying a penalty of up to 20 years in prison. US subsidiaries in the UK are also required to comply with this legislation. The European Union is expected to introduce similar rulings for member countries.
Under section 302, the CEO and CFO must certify that reports accurately show the company’s financial condition and results. In addition, they must certify that they have established and evaluated internal controls to ensure accurate recording and reporting of performance. Any deficiencies in these controls as well as any fraud at management level must be reported.
Section 404 requires annual reports to detail internal controls that are in place to ensure accurate financial reporting, as well as an assessment of their effectiveness.
This can have a significant impact on a document management system. For example, a company without clear control and visibility of approving invoices for payment could be in breach of the Sarbanes Oxley Act.
Data Protection Act 1998
Regardless of what document management system may be in place, personal information for business use needs to be handled in compliance with the Data Protection Act 1998. A secure document management system such as TokOpen can help with compliance, as it reduces the scope for theft or accidental loss of personal and confidential data. It can also facilitate the execution of valid requests for such data.
The Act enshrines eight principles:
1. Personal data shall be processed fairly and lawfully.
2. It shall be obtained only for specified lawful purposes, and shall not be further processed in any manner incompatible with those purposes.
3. It shall be adequate, relevant and not excessive in relation to the purposes for which it is being processed.
4. It shall be accurate and, where necessary, kept up to date.
5. It shall not be kept for longer than is necessary.
6. It shall be processed in accordance with the rights of data subjects under the Act.
7. Appropriate technical and organisational measures shall be taken to prevent unauthorised or unlawful processing of personal data, and to prevent accidental loss, destruction or damage to personal data.
8. Personal data shall not be transferred to a country or territory outside the EU unless an adequate level of protection for the rights and freedoms of data subjects is ensured.
Freedom of Information Act
This gives people a general right of access to information held by, or on behalf of, public authorities. It is intended to promote a culture of openness and accountability amongst public sector bodies, and to increase public understanding of how public authorities work, why they make the decisions they do, and how they spend public money.
Good document management should be a key objective for all organisations, public and private, in the drive to achieve business efficiency, and ensure that information is easily retrievable and properly documented. As a result of this, public authorities will then be able to comply more easily with legislation that affects them, such as the Freedom of Information Act.
The principles underlying records management – creation, retention, identification and retrieval – apply equally to both electronic and paper media. This means that procedures for e-mail and other information held on shared and personal hard drives have to be as robust and detailed as those for other records.
Conflictions in Compliance
Document management systems are challenged when different data in the same document relates to both the Data Protection Act and the Freedom of Information Act, since one is geared for confidentiality, the other for accessibility.
Leading document management systems such as TokOpen, control who can view different parts of a document, meeting the conflicting needs of both pieces of legislation.
In a typical document, such as a Wire Transfer Application form, some of the information falls under the Freedom of Information Act, and other parts of the document are private meaning access must be restricted and audited in accordance with the Data Protection Act. Certain data must not be disclosed to anyone outside the bank as it is private and for internal use only.
Document management software overcomes this problem by hiding the internal information when the document is viewed by someone outside the bank. Users with authorised access are still able to view the whole document.
In the same example, the applicant’s name and address are protected by the Data Protection Act, and should therefore only be seen by the staff members dealing with that client, such as HR or Accounts. Remaining staff do not have access to these specific document details. TokOpen document management software can ensure compliance with this.
Document Management: the Way Forward
The increasingly complex demands of legislation underline the need for businesses to implement document capture and document management systems. However, even though a document management system is an important component, alone it will not ensure compliance. A wider view is needed to ensure businesses maintain their compliance with changing legislation.
In a court of law, the judge will consider the evidence based on several criteria:
• Are procedures clear and consistent, with a requirement to document procedures? This is often referred to as a document policy.
• Are the procedures enforced? This is a shared responsibility between management and the selected document management system's access and privilege controls.
• Can the claims be substantiated? This relies heavily on the document management system’s audit trail.
Compiling a Document Policy
After establishing which regulations have to be complied with, a document policy is required covering the following:
o Scope of information covered
o Security classifications
o Storage media
o File format and version control
o Standards (compliance and regulations)
o Retention and destruction
o Responsibilities
A document policy defines how information is stored, and is therefore central to ensuring compliance. It should serve these main purposes:
o Ensure everyone knows what they can do
o Define the business practice at the time
o Demonstrate why a given action was undertaken, e.g. ex
“The only thing that makes life possible is permanent, intolerable uncertainty; not knowing what comes next.” – Ursula K. LeGuin “Uncertainty and mystery are energies of life. Don't let them scare you unduly, for they keep boredom at bay and spark creativity.”- R.I. FitzhenryAbout 8 years ago my life underwent a major transition both personally and professionally. Everything in my life seemed to be in flux. I felt at a crossroads filled with excitement and huge fear. Where was I going? What might happen next? At times, I felt overwhelmed with so many questions and so much uncertainty.One day, while at a low point, I flipped on the TV and caught one of the Public Broadcasting Station fundraising drives. Deepak Chopra was the featured presenter. He was introducing his view about uncertainty. To illustrate his point, he recalled a story that involved his son during the Christmas holidays. When asked what he wished for in the New Year, his son replied, “I wish for another year of uncertainty.” I felt my stomach churn when I heard that! Deepak Chopra continued to speak. The essence of his message was this:Open your mind to see uncertainty as a state of possibility. Limitless possibilities. So often we view uncertainty with dread and anticipation of something negative happening to us. Imagine seeing the potential of limitless possibilities that might result in wonderful things happening. In other words, expect the best instead of exp
Data Protection Act 1998
Regardless of what document management system may be in place, personal information for business use needs to be handled in compliance with the Data Protection Act 1998. A secure document management system such as TokOpen can help with compliance, as it reduces the scope for theft or accidental loss of personal and confidential data. It can also facilitate the execution of valid requests for such data.
The Act enshrines eight principles:
1. Personal data shall be processed fairly and lawfully.
2. It shall be obtained only for specified lawful purposes, and shall not be further processed in any manner incompatible with those purposes.
3. It shall be adequate, relevant and not excessive in relation to the purposes for which it is being processed.
4. It shall be accurate and, where necessary, kept up to date.
5. It shall not be kept for longer than is necessary.
6. It shall be processed in accordance with the rights of data subjects under the Act.
7. Appropriate technical and organisational measures shall be taken to prevent unauthorised or unlawful processing of personal data, and to prevent accidental loss, destruction or damage to personal data.
8. Personal data shall not be transferred to a country or territory outside the EU unless an adequate level of protection for the rights and freedoms of data subjects is ensured.
Freedom of Information Act
This gives people a general right of access to information held by, or on behalf of, public authorities. It is intended to promote a culture of openness and accountability amongst public sector bodies, and to increase public understanding of how public authorities work, why they make the decisions they do, and how they spend public money.
Good document management should be a key objective for all organisations, public and private, in the drive to achieve business efficiency, and ensure that information is easily retrievable and properly documented. As a result of this, public authorities will then be able to comply more easily with legislation that affects them, such as the Freedom of Information Act.
The principles underlying records management – creation, retention, identification and retrieval – apply equally to both electronic and paper media. This means that procedures for e-mail and other information held on shared and personal hard drives have to be as robust and detailed as those for other records.
Conflictions in Compliance
Document management systems are challenged when different data in the same document relates to both the Data Protection Act and the Freedom of Information Act, since one is geared for confidentiality, the other for accessibility.
Leading document management systems such as TokOpen, control who can view different parts of a document, meeting the conflicting needs of both pieces of legislation.
In a typical document, such as a Wire Transfer Application form, some of the information falls under the Freedom of Information Act, and other parts of the document are private meaning access must be restricted and audited in accordance with the Data Protection Act. Certain data must not be disclosed to anyone outside the bank as it is private and for internal use only.
Document management software overcomes this problem by hiding the internal information when the document is viewed by someone outside the bank. Users with authorised access are still able to view the whole document.
In the same example, the applicant’s name and address are protected by the Data Protection Act, and should therefore only be seen by the staff members dealing with that client, such as HR or Accounts. Remaining staff do not have access to these specific document details. TokOpen document management software can ensure compliance with this.
Document Management: the Way Forward
The increasingly complex demands of legislation underline the need for businesses to implement document capture and document management systems. However, even though a document management system is an important component, alone it will not ensure compliance. A wider view is needed to ensure businesses maintain their compliance with changing legislation.
In a court of law, the judge will consider the evidence based on several criteria:
• Are procedures clear and consistent, with a requirement to document procedures? This is often referred to as a document policy.
• Are the procedures enforced? This is a shared responsibility between management and the selected document management system's access and privilege controls.
• Can the claims be substantiated? This relies heavily on the document management system’s audit trail.
Compiling a Document Policy
After establishing which regulations have to be complied with, a document policy is required covering the following:
o Scope of information covered
o Security classifications
o Storage media
o File format and version control
o Standards (compliance and regulations)
o Retention and destruction
o Responsibilities
A document policy defines how information is stored, and is therefore central to ensuring compliance. It should serve these main purposes:
o Ensure everyone knows what they can do
o Define the business practice at the time
o Demonstrate why a given action was undertaken, e.g. ex
As you know, the slow season is here -- June, July & August are notoriously slow for many industries. Following are three things you can do to ensure that work continues to flow during this slow period -- no matter what type of business you have.1. Continue to advertise: Many freelancers stop marketing because they aren't getting the response they're accustomed to during this period. BUT, this is a mistake. Why?Because you have to be top of mind with customers. And, if you are a regular reader of my blog (InkwellEditorial.blogspot.com), you know that I advocate consistency, consistency, consistency when it comes to marketing. How is NOT advertising going to bring in more customers?Further, as everyone else is on vacation (hence, not advertising either), you will have less competition during this time. Who knows, your mailer could land on that prospective client's desk just as his regular writer, editor, graphic designer, etc. is off on that month-long summer cruise. Bang, a new client!2. Prepare new marketing/sales material: Been meaning to update your brochure, change your website (or get one), start a newsletter? Now is the perfect time to do this and get them out to clients. A fresh look can bring in new clients and it is the perfect time to contact old clients and announce a new service, a sale, discount, etc.Be sure that when you contact clients, you offer a benefit to them, not just an announcement abou
Good document management should be a key objective for all organisations, public and private, in the drive to achieve business efficiency, and ensure that information is easily retrievable and properly documented. As a result of this, public authorities will then be able to comply more easily with legislation that affects them, such as the Freedom of Information Act.
The principles underlying records management – creation, retention, identification and retrieval – apply equally to both electronic and paper media. This means that procedures for e-mail and other information held on shared and personal hard drives have to be as robust and detailed as those for other records.
Conflictions in Compliance
Document management systems are challenged when different data in the same document relates to both the Data Protection Act and the Freedom of Information Act, since one is geared for confidentiality, the other for accessibility.
Leading document management systems such as TokOpen, control who can view different parts of a document, meeting the conflicting needs of both pieces of legislation.
In a typical document, such as a Wire Transfer Application form, some of the information falls under the Freedom of Information Act, and other parts of the document are private meaning access must be restricted and audited in accordance with the Data Protection Act. Certain data must not be disclosed to anyone outside the bank as it is private and for internal use only.
Document management software overcomes this problem by hiding the internal information when the document is viewed by someone outside the bank. Users with authorised access are still able to view the whole document.
In the same example, the applicant’s name and address are protected by the Data Protection Act, and should therefore only be seen by the staff members dealing with that client, such as HR or Accounts. Remaining staff do not have access to these specific document details. TokOpen document management software can ensure compliance with this.
Document Management: the Way Forward
The increasingly complex demands of legislation underline the need for businesses to implement document capture and document management systems. However, even though a document management system is an important component, alone it will not ensure compliance. A wider view is needed to ensure businesses maintain their compliance with changing legislation.
In a court of law, the judge will consider the evidence based on several criteria:
• Are procedures clear and consistent, with a requirement to document procedures? This is often referred to as a document policy.
• Are the procedures enforced? This is a shared responsibility between management and the selected document management system's access and privilege controls.
• Can the claims be substantiated? This relies heavily on the document management system’s audit trail.
Compiling a Document Policy
After establishing which regulations have to be complied with, a document policy is required covering the following:
o Scope of information covered
o Security classifications
o Storage media
o File format and version control
o Standards (compliance and regulations)
o Retention and destruction
o Responsibilities
A document policy defines how information is stored, and is therefore central to ensuring compliance. It should serve these main purposes:
o Ensure everyone knows what they can do
o Define the business practice at the time
o Demonstrate why a given action was undertaken, e.g. ex
I’m always amazed at how disorganised most businesses are. The huge amount of opportunities that fall by the wayside due to poor management. Let me tell you what happened to me recently.The Car DealershipI stopped off at my local dealership as I was interested in updating my current vehicle. This dealership is very well-known and spend a fortune on advertising trying to attract more buyers.I walked in to the new car division and was greeted by a saleswoman. I made some general enquiries and at the end of our conversation decided it wasn’t worthwhile purchasing a new vehicle at that time. The salesperson didn’t know what questions to ask me and relied on me asking all the questions. She obviously hadn’t been trained in selling. When I left she didn’t even ask me for my contact details.I then walked over to the Used Car division. There were two salesmen filling in the afternoon, chatting about the cricket. I had to interrupt their very important conversation to get some assistance. I then asked all the relevant questions (remember I’m the buyer here, not the seller…it should have been the other way around) and I looked at a couple of different cars. Not once did the salesman try to point out the benefits of the cars. All he did was watch me. When I said “thanks very much for your time’”, he said “have a great day”.Again, there was an opportunity to sell me and he did nothing!The Real Estate AgentI went to a seminar an
Document Management: the Way Forward
The increasingly complex demands of legislation underline the need for businesses to implement document capture and document management systems. However, even though a document management system is an important component, alone it will not ensure compliance. A wider view is needed to ensure businesses maintain their compliance with changing legislation.
In a court of law, the judge will consider the evidence based on several criteria:
• Are procedures clear and consistent, with a requirement to document procedures? This is often referred to as a document policy.
• Are the procedures enforced? This is a shared responsibility between management and the selected document management system's access and privilege controls.
• Can the claims be substantiated? This relies heavily on the document management system’s audit trail.
Compiling a Document Policy
After establishing which regulations have to be complied with, a document policy is required covering the following:
o Scope of information covered
o Security classifications
o Storage media
o File format and version control
o Standards (compliance and regulations)
o Retention and destruction
o Responsibilities
A document policy defines how information is stored, and is therefore central to ensuring compliance. It should serve these main purposes:
o Ensure everyone knows what they can do
o Define the business practice at the time
o Demonstrate why a given action was undertaken, e.g. explains why a document was destroyed
o Reinforce documents’ evidential weight
o Help authenticate documents to increase legal weighting
o Improve the court’s view of the evidence presented
Consideration also needs to be given to how long documents should be stored. This depends on the type of document and industry-specific regulations.
This raises an interesting question. What is the legal position if the original document is electronic? This can best be answered in three steps.
• Civil Evidence Act 1995
o Authenticated copies will be accepted with equal weighting to the original
o Later revisions are given greater weight than superseded revisions
• Admissibility
o Does the court accept this evidence?
o With what weight?
• Appropriate procedures must be followed if documents are to be taken to court
Therefore, when considering compliance, the legal weight given to a document also needs to be taken into account. In addition to ensuring that documents and information are managed in accordance with compliance legislation, document management software also plays a key role in ensuring that optimised legal weighting is given to documents, should they be presented in a court.
Improving documents’ legal weighting depends on three key factors:
• Information management
o System management (duty of care, audits, etc.)
o Operational issues (good management practice)
• Legal issues
o General (e.g. Data Protection Act, invoice storage, etc.)
o Industry-specific (compliance/regulations etc.)
o Organisation-specific (internal regulations etc.)
• Need for clearance permissions
Companies therefore have a duty of care responsibility to ensure they are compliant with legislation. This is best described as information security and can be summarised with the following questions:
• Can a court be assured that information (evidence) has not been inadvertently or maliciously altered, or some of it lost?
o i.e. due care has been taken of the data
• Basic criteria can be met
o Confidentiality (who has had access?)
o Integrity (is it reliable?)
o Availability (can it be retrieved?)
Summary
Ensuring compliance with legislation is a responsibility shared between:
• The staff, following clearly defined document procedures
• The management enforcing these procedures
• The document management system policing and enforcing duty of care responsibilities
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