Deloitte: Forensic Data Collection – Ensuring Your Electronic Review Doesn’t Fall at The First Hurdle (2013)

In the whitepaper, Deloitte identifies three common scenarios that might necessitate a forensic collection in GCC countries. The first is international companies, usually with exposure to the US or UK, who would need to investigate allegations of prohibited activities in their local branch office or subsidiary, which may have to be reported to a regulator. Typically this relates to allegations of bribery of foreign government officials or transactions with sanctioned countries. The second scenario is for companies in arbitration or litigation where there is a need to identify relevant documents or communications for disclosure. The final common collection scenario is where a company’s management is investigating staff for misconduct and dishonesty, usually related to fraud or “kick-back”.The Deloitte whitepaper also looks at a number of aspects in the collection process, in particular in relation to complying with data laws. The whitepaper notes that it is critical to take into consideration the complete scope of legal constraints of the jurisdiction in which the collection is undertaken, and potentially, any associated jurisdictions. It also answers the question of whether foreign laws can be ignored in the GCC during the process. Tips on how to go about seeking legal advice, as well as important recommendations for the technical aspects of data collection to ensure key evidence is not overlooked are also included.

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