Legal Hold
A legal hold, also known
as a litigation hold or preservation order, is a process that organizations use
to preserve relevant electronic and physical information related
to a legal case or dispute.
A legal hold is crucial
because it prevents potential evidence destruction, alteration, or loss.
This helps ensure the evidence is available for review or collection until
the issue is resolved.
A legal hold can be used
in various situations, including Legal cases, Investigations, FOIA/CCPA requests, HR disputes, and Discovery requests.
A legal hold is initiated
when an organization's legal department sends a notification to employees and
other custodians. The notification should include a description of the matter at issue, Examples of relevant information, Identification of potential sources of information, Legal obligations to preserve information, and Potential consequences of noncompliance.
The hold process should
also include documentation of the date and by whom the hold was initiated and any scope changes, notices, and reminders sent.
Organizations that fail to
identify and preserve the suitable data sources could face serious consequences,
including adverse legal outcomes, sanctions, penalties, or case dismissal.