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On
March
3,
2023,
the
U.S.
Department
of
Justice
(“DOJ”)
released
an
update
to
its
Evaluation
of
Corporate
Compliance
Programs
guidance
(“ECCP
Guidance”).
The
ECCP
Guidance
serves
as
a
guidance
document
for
prosecutors
when
evaluating
a
corporate
compliance
program.
Among
other
updates,
the
ECCP
Guidance
now
includes
new
guidance
for
assessing
how
companies
govern
employees’
use
of
personal
devices,
communication
platforms
and
messaging
applications.
Specifically,
pursuant
to
the
ECCP
Guidance,
DOJ
now
will
consider
when
evaluating
corporate
compliance
programs
and
investigating
potential
misconduct,
a
company’s
policies
and
procedures
related
to
the
use
of
personal
devices
and
communications
platforms
and
messaging
applications,
including
ephemeral
messaging
applications.
For
example,
DOJ
will
consider
(1)
how
policies
relating
to
personal
devices
and
communications
platforms
are
“tailored
to
the
[company’s]
risk
profile
and
specific
business
needs”;
(2)
how
the
policies
(and
other
mechanisms)
ensure
that
business-related
data
and
communications
are
“accessible
and
amendable
to
preservation”;
(3)
how
the
policies
have
been
communicated
to
employees;
and
(4)
whether
and
how
the
company
has
enforced
the
policies
on
a
regular
and
consistent
basis.
Read
more
about
the
ECCP
Guidance.
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