M Venturino asks:

"I am interested in knowing if there are any organizations who apply
their [retention] policy to third party vendors and/or external
consultants and if so, how does the policy apply to these entities. I
have done some online research and would like to gain best practices
from organizations who are considering this or have had it implemented."


This is an excellent question, and an area often overlooked.  The only
way to apply a policy -- or any requirements -- to a third party is to
incorporate those requirements into the terms and conditions (Ts & Cs)
of the contract between both entities (e.g., the purchase order).  It's
often difficult to do, since most companies have a standard set of Ts &
Cs, and these rarely include anything about records.  Additionally,
changes to the Ts & Cs usually mean more money, which can shut down
further discussion.  At the very least, there should be an open dialogue
about any records that may result from the contract, so that the
underlying issues and concerns can be exposed and addressed.  For
instance, third parties may be (understandably) unwilling to assume a
long-term retention obligation.  However, if that is acknowledged and
discussed, alternative approaches (e.g., the records are returned to you
at the end of the period of performance) can be developed.

I'd like to see more discussion of this issue, with other perspectives.

Pilar C. McAdam, CRM
Director of Legal Information Systems
Sheppard Mullin Richter & Hampton LLC
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Pilar C. McAdam, CRM
Director of Legal Information Systems
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Los Angeles, CA 90071-1448
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Direct: 213.617.5417
Fax: 213.443.2703


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