L-R: David Anderson, Alexa Poletto, David A. Silva and Felicia Ng of Sidley Austin. Courtesy photos
Corporate use of ephemeral messaging applications (communications that disappear after a set time) has become increasingly common across the globe in recent years, with companies recognizing its value in decreasing data storage costs and providing employees a convenient method for communicating quickly with customers and clients.
However, the prevalence of these messaging applications in the corporate context has caused regulators to grow concerned about how encrypted and ephemeral messaging might affect regulatory obligations related to data preservation, employee monitoring, and compliance. Here, we consider recent U.S. regulatory developments, canvass the approach and regulations adopted outside the U.S. around ephemeral messaging, and urge a global assessment of this emerging risk.
