The 21st Century Water Cooler: Discovery and Text Messages | Butler Snow
LLP - JDSupra

As a first step in managing the risk of text messages in a company, it is
important to evaluate the extent to which employees use text messages as a
business communication tool. This is particularly important in
organizations that have adopted a “bring your own device” approach to
mobile device management, as the company must enumerate its rights with
regard to company data on the personal device. Even companies with no
“bring your own device” policy must have policies in place to address the
use of personal devices for work purposes.

If employees are using text messages for any business purpose, the
company’s document retention policy must address text messages. The
company’s policy may prohibit text messaging using company-owned mobile
devices, or it may provide for retention similar to that for email. In any
event, if the company is aware of any text messaging among employees – or
the potential for such communication – the document retention policy should
address text messages.


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