5 1 Information Governance Requirements for Regulatory Compliance Data Protection & Privacy The regulatory landscape is experiencing an expansion of data privacy laws around the world and each new version is more stringent than the last. Technology innovations and unprecedented data volumes are pushing the limits of privacy and security beyond current regulatory and legal requirements. 1 Security 2 Privacy 100+ There are more than 100 federal data privacy laws around the world, regarding the compliant collection, use, and safeguarding of personal information. What types of risk are of most concern based on the potential impact they could have on your organization? AIIM Managing Governance, Risk and Compliance with ECM and BPM survey and whitepaper, May 2015 2 Norton Rose Fulbright Global Data Privacy Directory Regulatory Records Retention Many industries—especially highly regulated sectors such as Energy, Financial Services, and Life Sciences—are subject to regulations with requirements to retain records and electronic communications for a minimum period of time. >90% More than 90% cite meeting regulatory records retention requirements as the main reason their organization has implemented, or is planned to implement, a records and information management program. IDC Information Management Compliance Survey 14,000+ There are over 14,000 US regulations mandating how long to keep records. Challenges in Records Management and Retention for U.S. Domestic and International Organizations - Cadence Group 3 eDiscovery Requirements Regulatory investigation matters are on the rise. There are a number of regulations with mandated response times for information requests including Freedom of Information (FOI) laws for government and those enforced by the SEC, Dept of Justice and Environmental Protection Agency (EPA). 60% 100+ There are currently over 100 countries that have FOI laws, giving citizens the right to request and access information from and about their government. freedominfo.org 4 Approximately 60% of an organization’s litigation budget is spent on discovery. Hildebrandt Baker Robbins Information Integrity & Authenticity Business records provide the evidence to demonstrate compliance, and with regulations such as 21 CFR Part 11, the Canada Evidence Act, and Foreign Corrupt Practices Act, organizations must be able to attest to the integrity and authenticity of its records. Companies, their stakeholders, and regulators need assurances that electronic records and signatures are as reliable as their paper versions. Requirements for admissibility of electronic records as documentary evidence: 1. Authenticity of the record 2. Integrity of the electronic records system 3. Record made “in the usual and ordinary course of business” 4. Proof of the integrity of an organization’s records system CGSB Electronic Records as Documentary Evidence Standard 5 Reporting Obligations Regulatory reporting refers to the requirement for organizations to provide an account of compliance, usually including raw or summary data, with mandated frequency e.g. annually. 4.4 22% Million Only 22% companies required to file Conflict Minerals reports by June 2014 deadline did so, most citing supply chain complexity Schulte Roth & Zabel LLP and Conflict-Free Sourcing Initiative Conflict Minerals Reporting White Paper (September 2014) # of paperwork hours Dodd-Frank legislation required in 2014 2014: Year of Action, Year of Regulation–American Action Forum Handling regulatory compliance with Information Governance gains businesses a competitive edge For OpenText Compliance solutions visit us here: www.opentext.com/EnsureCompliance About OpenText OpenText enables the digital world, creating a better way for organizations to work with information, on premises or in the cloud. For more information about OpenText (NASDAQ: OTEX, TSX: OTC) visit opentext.com