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Email Records Retention Policy

Email Records Retention Policy Template for Philippines

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Key Requirements PROMPT example:

Email Records Retention Policy

"I need an Email Records Retention Policy for my financial services company in the Philippines that ensures compliance with banking regulations and includes specific provisions for international data transfers, as we'll be expanding operations to Singapore by January 2025."

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Document background
The Email Records Retention Policy serves as a critical governance document for organizations operating in the Philippines, addressing the growing need for structured management of electronic communications in compliance with local regulations. This document becomes essential as organizations face increasing scrutiny regarding data privacy and electronic record-keeping under the Philippine Data Privacy Act and Electronic Commerce Act. The policy outlines specific retention periods, storage requirements, and disposal procedures for various categories of email communications, while considering business needs and regulatory obligations. It is particularly important for organizations handling sensitive information, conducting business electronically, or subject to regulatory oversight. The policy helps organizations maintain compliance, manage risk, and ensure business continuity while protecting both corporate interests and individual privacy rights under Philippine law.
Suggested Sections

1. Purpose and Scope: Defines the objective of the policy and its application across the organization, including types of email communications covered

2. Definitions: Clear definitions of key terms used throughout the policy, including types of emails, retention periods, and technical terms

3. Legal Requirements: Overview of relevant Philippine laws and regulations affecting email retention, including Data Privacy Act and Electronic Commerce Act requirements

4. Retention Periods: Specific retention timeframes for different categories of emails and the basis for these periods

5. Storage and Security: Requirements for secure storage of emails, including backup procedures and security measures

6. Roles and Responsibilities: Defines responsibilities of employees, IT department, and management in implementing the policy

7. Deletion and Disposal: Procedures for proper deletion and disposal of emails after retention period expires

8. Compliance and Monitoring: Procedures for ensuring compliance with the policy and monitoring implementation

9. Policy Violations: Consequences of non-compliance and procedures for handling violations

Optional Sections

1. Industry-Specific Requirements: Additional requirements for specific industries (e.g., financial services, healthcare) - include when organization operates in regulated industries

2. Legal Hold Procedures: Procedures for preserving emails in case of litigation or investigation - include for organizations with high litigation risk

3. International Data Transfer: Guidelines for handling emails transmitted across borders - include for organizations with international operations

4. Employee Privacy Guidelines: Specific guidelines regarding employee privacy rights - include when handling sensitive employee communications

5. Disaster Recovery Procedures: Specific procedures for email recovery in case of system failure - include for organizations with critical email dependencies

Suggested Schedules

1. Schedule A: Retention Period Matrix: Detailed matrix showing retention periods for different categories of emails and business records

2. Schedule B: Technical Requirements: Technical specifications for email storage, backup, and security systems

3. Schedule C: Compliance Checklist: Checklist for regular compliance monitoring and auditing

4. Appendix 1: Email Classification Guide: Guidelines for classifying emails into different retention categories

5. Appendix 2: Deletion Procedures: Step-by-step procedures for secure email deletion and disposal

6. Appendix 3: Forms and Templates: Standard forms for requesting email retention exceptions or reporting violations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Active Email Records
Archival Storage
Backup
Business Records
Confidential Information
Data Owner
Data Protection Officer
Deletion
Disposition
Electronic Discovery
Electronic Mail (Email)
Email Administrator
Email Metadata
Email System
Legal Hold
Non-Records
Official Business Communications
Personal Data
Personal Information Controller
Personal Information Processor
Primary Storage
Record Series
Records Custodian
Records Management
Records Retention Period
Records Retention Schedule
Secondary Storage
Sensitive Personal Information
System Administrator
Temporary Records
Transitory Records
Vital Records
Relevant Industries

Financial Services

Healthcare

Technology

Manufacturing

Retail

Professional Services

Education

Government

Telecommunications

Insurance

Real Estate

Non-profit Organizations

Banking

Business Process Outsourcing

Legal Services

Relevant Teams

Information Technology

Legal

Compliance

Human Resources

Records Management

Information Security

Risk Management

Internal Audit

Data Privacy

Corporate Governance

Operations

Relevant Roles

Chief Information Officer

Data Protection Officer

IT Manager

Compliance Officer

Records Manager

Legal Counsel

Information Security Manager

HR Director

Risk Manager

Chief Privacy Officer

IT Security Specialist

Compliance Analyst

Records Administrator

Email Systems Administrator

Chief Technology Officer

Audit Manager

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): Sets requirements for processing personal information, including collection, storage, and disposal. Mandates protection of personal information in all forms, including emails containing personal data.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Provides legal recognition of electronic documents and sets rules for the retention of electronic records, including requirements for maintaining the integrity and reliability of electronic data.
National Archives of the Philippines Act of 2007 (Republic Act No. 9470): Establishes guidelines for the retention and disposal of government records, which may be relevant for organizations dealing with government entities or public records.
Securities Regulation Code (Republic Act No. 8799): Requires retention of certain business records and communications for regulated entities, including electronic correspondence related to securities transactions.
National Internal Revenue Code: Mandates retention of business records, including electronic communications related to tax matters, for a minimum period (usually 3-10 years depending on the type of record).
Labor Code of the Philippines: Relevant for retention of employee-related communications and records, including electronic correspondence about employment matters.
Cybercrime Prevention Act of 2012 (Republic Act No. 10175): Provides guidelines for cybersecurity and may affect how electronic communications are stored and protected from unauthorized access.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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