BEST PRACTICES FOR EDISCOVERY ON DATA IN THE AZURE OR AWS CLOUD TAKEAWAYS FROM THE WEBINAR

Transcription

1 BEST PRACTICES FOR EDISCOVERY ON DATA IN THE AZURE OR AWS CLOUD TAKEAWAYS FROM THE WEBINAR

2 GETTING DATA OUT OF THE CLOUD IS A HUGE PROBLEM. EVEN THE SMALLEST AMOUNT CAN TAKE DAYS AND DAYS.

3 Today, businesses of all sizes are facing real challenges to cut costs, and streamline processes to operate more efficiently and they re looking for innovative ways to get the job done. To that end, cloud computing offers enterprises countless benefits, including the cost savings and flexibility they need to remain competitive. Organizations are nevertheless concerned about the security, accessibility and management of sensitive corporate data, as well as the compliance and legal issues involved with moving their processes to the cloud. Still, the market for cloud computing is growing rapidly and as companies continue to grow the amount of content they store in the cloud, protecting their data in the cloud is more crucial than ever. This ebook is a write-up of the webinar ediscovery and Information Governance in the Age of Cloud Computing, highlighting important takeaways for anyone who looks beyond the obvious benefits of cloud computing

4 IN A POST-SAFE HARBOR WORLD, IT IS MORE IMPORTANT THAN EVER THAT ENTERPRISES HAVE THE ABILITY TO, NOT ONLY COLLECT AND PROCESS IN A CO-LOCATED DA- TACENTER, BUT ALSO CONDUCT EARLY CASE ASSESS- MENT AND REVIEW IN THE VERY SAME JURISDICTION WHERE THE NATIVE DATA LIVES.

5 TOP 5 TAKEAWAYS EASY HARD

6 Having Data in Different Places Does not Change Legal Obligations The drivers to move data to the cloud are obvious: elasticity and flexibility, convenience and utility and the drastic reduction of computing and support costs are hard to ignore. But having the data in a different place does not change the significant legal obligations of the owner, i.e. the company. Just the fact that data is in a different place, does not change the legal obligations. Companies still have significant duties to comply with the regulations of the FTC, Sarbanes- Oxley, HIPAA, CFPB, Finra and Dodd-Frank Act to name just a few. FRCP 34(a)(1) states that Parties may request discovery of information in the responding party s possession, custody or control. And even if your data in the Cloud might not be directly in your possession, this rule definitely considers this data to be in your control.

7 You Have to Change your ediscovery Ways ediscovery is a challenging and complex process even when your data is on-premise and in your direct control. The business decision to move data to MS Azure or AWS only complicates the ediscovery process. Traditional ediscovery is custodian oriented and based on metadata. In the cloud it s not always possible to link data to custodians and the pure movement to and in the cloud changes the metadata indicating were it is stored, how and by whom it can be accessed, changed or produced. To be prepared for ediscovery on cloud data, you have to leverage and rethink your ediscovery project management skills. You will need to (re)create repeatable and consistent processes; increase transparency into amount of time and costs, and record and track all efforts to preserve, collect, produce cloud data. Be very aware of the potential legal consequences when moving data to the cloud. Remember the risks of spoliation (not preserving responsive information stored in the cloud) and the importance of chain of custody (document the movement and location of documents to and from the cloud).

8 Getting Data into the Cloud is Easy. Getting Data out of the Cloud, is Not This is by far the most important takeaway. Bennett Borden sees many of his clients who have moved to MS Office 365, Google Docs or Gmail for Enterprises struggling to download the large amounts of data involved. Even the smallest volume, 50 or 100GB can be hard work, depending on how your network is setup. Companies should be very aware that access to data in the cloud is influenced by various factors that are beyond your control: Bandwidth capacity; Vendor throttling of outbound data; Unpredicted WAN behavior; Service level agreement with your cloud provider; Safe Harbor requirements; Local jurisdiction.

9 Stay in the Azure or AWS Cloud Migration of high volumes of data from the cloud faces multiple challenges as a result of limitations to the bandwidth and the unpredictability of (long) distance WAN-connections. And although in many cases, just a small data set is relevant, you never know beforehand which part that is. To assess relevancy, you need advanced processing and search capabilities that only (costly) specialists master. Normal search functionality that is available Out of the Box (OOTB) in Cloud solutions simply will not do. To mitigate these challenges, it is much more practical to run the whole process from identification, to processing relevant data in the Cloud, and then to only download a much smaller data set of relevant data from the Cloud if needed. Having your ediscovery solution in the cloud basically extends all the benefits of that cloud to your ediscovery solution.

10 Minimize transitions In a post-safe Harbor world, it is more important than ever that enterprises have the ability to, not only collect and process in a co-located datacenter, but also conduct early case assessment and review in the very same jurisdiction where the native data lives. Running your whole ediscovery process in the cloud, means you stay as close to your cloud resources as possible. The ability to run the whole process from identification to processing relevant data in the Cloud minimizes the transition points and makes it possible to produce directly to regulators, streamlining the chain of custody almost to perfection.

11 HAVING YOUR EDISCOVERY SOLUTION IN THE CLOUD BASICALLY EXTENDS ALL THE BENEFITS OF THAT CLOUD TO YOUR EDISCOVERY SOLUTION.

12 ZyLAB ONE ediscovery ZyLAB ONE ediscovery uses the latest Artificial Intelligence and Data Science tools to accelerate truth finding missions along the typical dimensions Who, When, Where, Why, What, How, and How Much. ZyLAB is positioned as leader in Gartner s latest Magic Quadrant for ediscovery Software, ranked #1 for complete EDRM ediscovery in Gartner s Critical Capabilities for E-Discovery Software report and has received numerous other industry accolades over the last three decades.