FTC & DOJ Clarify: Companies Must Preserve Slack, Google Chat Messages
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have issued a joint statement, clarifying companies' obligations to preserve communications on messaging platforms like Slack and Google Chats. This comes as these platforms have become integral to business operations.
Companies are now required to disable auto-deletion functions and preserve communications as soon as they anticipate or learn of an investigation or litigation. This obligation extends to both ephemeral and non-ephemeral messages. The agencies have updated their guidance and letters to reflect these changes.
In 2023, the DOJ updated its Evaluation of Corporate Compliance Programs guidance to consider the impact of messaging applications on a company's compliance program and response to investigations. Companies are advised to understand how their employees use these platforms and the necessary steps to preserve information before the need arises. Failure to do so may result in spoliation of evidence, with potential civil and criminal consequences.
Companies subject to FTC and DOJ regulations must review and update their document retention obligations for instant messaging platforms. They should ensure they can preserve communications effectively and avoid potential penalties for non-compliance.
