Every day, workers in various sectors and industries sift through thousands of emails, documents, and messages scattered across multiple devices and platforms. While helpful for many business operations, the sheer volume of electronic data can be overwhelming, making tasks like identifying relevant information and checking regulatory compliance seem insurmountable.
Electronic discovery, aka eDiscovery, helps organizations sort through this data deluge, identifying, collecting, and producing electronically stored information (ESI) for legal, compliance, and other purposes.
An end-to-end, cloud-based eDiscovery solution makes it easy for organizations to capture, register, and review data from any communication channel, exposing liabilities and litigation risk and meeting compliance requirements.
An Electronic Discovery Reference Model (EDRM) is a framework designed to guide organizations through the eDiscovery process. From the initial identification and preservation of electronically stored information (ESI) to its final presentation in legal proceedings, EDRM ensures that eDiscovery is conducted in a structured, defensible, and cost-effective manner.
What, exactly, does that mean, and how can it help your company?
EDRM uses a consistent structure to improve the eDiscovery process, making it easier for businesses to manage ESI more efficiently, thereby reducing error risks and ensuring legal and regulatory compliance. It does this by breaking the eDiscovery process into 9 distinct stages or techniques that allow you to carry out eDiscovery in a practical and legally sound way:
Put more succinctly, if you're tired of sifting through mountains of emails, documents, and messages to demonstrate regulatory compliance or respond to legal requests, EDRM is like having step-by-step instructions that streamline organizing and managing all your ESI in a way that's both legally compliant and efficient.
EDRM is a structured approach to managing electronic information throughout the eDiscovery process. It can be used by various businesses and industries, including legal, healthcare, finance, consulting, insurance, and more.
Veritas Alta™ eDiscovery is a complete, cloud-based solution that enables organizations to achieve end-to-end SaaS eDiscovery with reactive collection of the data sources most relevant to their business operations.
EDRM is a valuable tool for organizations wanting to improve their eDiscovery processes. It enhances data management practices and ensures regulatory compliance while reducing data breach risks and legal disputes.
eDiscovery regulatory compliance laws vary by jurisdiction and industry. For instance, in the United States, the Federal Rules of Civil Procedure (FRCP) govern eDiscovery in federal court cases, outlining a party’s obligation to preserve, collect, and produce electronically stored information (ESI). Other regulations like HIPAA and the GDPR impose specific requirements on ESI management and protection in the healthcare and data privacy sectors, respectively.
Compliance Issues Addressed by EDRM
EDRM helps organizations address several compliance issues related to eDiscovery, including:
Evolution of EDRM to Achieve Compliance
As technology and regulatory requirements evolve, the EDRM is likely to advance as well, helping organizations achieve compliance in even more effective and cost-efficient ways. This evolution will conceivably include:
This last point is one of the more exciting trends in eDiscovery. The increased use of generative AI (Gen-AI) is expected to be a significant game-changer, automating previously time-consuming and laborious tasks and allowing organizations to analyze and categorize large volumes of ESI quickly and more efficiently. For example, companies can use Gen-AI to automatically summarize documents, extract relevant information, and even predict the relevance of documents to a particular case, policy, or matter. By using Gen-AI to streamline the eDiscovery process, reduce costs, and improve work accuracy and efficiency, organizations will be able to achieve faster and more insightful eDiscovery outcomes, gaining a competitive edge in digital information management.
The eDiscovery reference model is much more than a framework for managing ESI during eDiscovery. It’s a powerful tool offering a broad range of benefits, from addressing customer pain points to streamlining data management and improving regulatory compliance, all while making eDiscovery more efficient and cost-effective.
Some of its most valuable and useful advantages include:
Addressing Customer Pain Points
Legal and compliance teams typically rummage through thousands of documents, messages, and reports to identify relevant information. In fact, most businesses now struggle with the volume of ESI they must manage during eDiscovery. EDRM provides a structured approach to managing this information, helping organizations streamline the eDiscovery process and making it more manageable, saving time and reducing error risk.
Efficient and Cost-effective eDiscovery
It isn’t only major corporations that face regulatory investigation. SMBs do, too, and they often need to hire expensive third parties to manually manage the eDiscovery process. With its structured approach to managing ESI, EDRM helps companies reduce the time and money it takes to complete the process.
Streamlining Data Management
Companies with multiple departments and locations often struggle to manage ESI effectively, leading to inefficiencies and potential data loss. EDRM simplifies data management, providing a standardized method for managing ESI and ensuring all departments and locations follow the same procedures for managing electronic information. It also streamlines data organization and categorization, making it easier to find and retrieve relevant information during eDiscovery.
Improving Regulatory Compliance
Healthcare providers and other medical organizations must comply with HIPAA regulations related to their management of EHRs. Financial institutions must comply with SEC regulations, and retailers must comply with Payment Card Industry Data Security Standard (PCI DSS) rules related to customer payment information. EDRM helps these and other businesses meet their eDisocvery legal obligatons, providing a structured approach to collecting, preserving, and producing relevant information in way that ensures regulatory requirement compliance.
Using an EDRM can help businesses streamline data management, address customer pain points, and improve regulatory compliance. It can also:
Implementing an EDRM can be a transformative process, but it sometimes comes with significant limitations and challenges. Potential complexities during implementation and figuring out how to balance privacy and data security concerns are just two of the hurdles organizations must overcome or address if they want to maximize EDRM’s benefits.
Other challenges that enterprises must take a proactive approach to addressing include:
While there’s no denying that EDRM offers significant benefits, organizations will need to face these and future challenges head-on if they want to get the most out of EDRM while mitigating risks.
Following EDRM best practices is critical to optimizing the eDiscovery process, ensuring efficient ESI management, error reduction, and enhanced compliance.
It’s also helpful to stay engaged with the EDRM community, ensuring you’re current on the technology’s latest trends and best practices. This can help your organization continuously improve its eDiscovery processes and stay ahead of emerging challenges.
The eDiscovery software landscape has evolved dramatically over the last decade, shifting from a largely task-related model to one that includes powerful analytic capabilities that allow organizations to gain greater insight into data sets much earlier in the eDiscovery process.
The software you choose must be able to integrate or connect with all areas in which your organization’s data might be stored or transferred, including emails, team member communications, and collaboration tools. It should also be easy to use and flexible enough to support your current and future IT environment. Last but not least, it should offer comprehensive client support, including before, during, and after software purchase.
Veritas Alta eDiscovery is a comprehensive, cloud-based eDiscovery software solution that seamlessly integrates the EDRM framework into our products, providing businesses with a structured approach to managing electronic information throughout the eDiscovery process. By incorporating the EDRM framework, our software ensures efficient navigation through eDiscovery’s nine stages, from initial identification to final presentation, providing:
Organizations can effectively manage electronic information, preserve relevant data, and comply with legal and regulatory requirements, helping them achieve their compliance goals and ultimately drive success.
Veritas offers an integrated portfolio of compliance and governance solutions that consolidate intelligence across data sources to surface relevant information, deliver actionable insights, and reduce the risk of costly regulatory fines. We’re proud to be named a Leader in the Gartner Magic Quadrant for Enterprise Information Archiving, as it recognizes our commitment to delivering market-leading, cloud-centric solutions that address data and regulatory complexity for our customers.
Learn more about how Veritas is committed to safeguarding your data at our Veritas Trust Center.
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