Recordkeeping and document retention
Recordkeeping and document retention obligations for Technology, AI and Competition companies are tightening across multiple jurisdictions, with the U.S. Federal Trade Commission, the European Commission's Directorate-General for Competition, and Japan's Fair Trade Commission each asserting authority over how firms preserve communications, algorithmic decision logs, and merger-related documents. The FTC's 2023 updates to Second Request document preservation expectations and the European Commission's Digital Markets Act compliance documentation requirements have put internal retention schedules under direct scrutiny. Compliance teams at platform companies and AI developers are auditing retention policies against both antitrust discovery obligations and emerging AI audit trail requirements before those standards harden into enforceable rules.
Watch
- FTC Second Request preservation obligations as applied to AI training data
- Digital Markets Act Article 15 record-keeping duties for designated gatekeepers
- Algorithmic decision logs: whether they qualify as business records under U.S. discovery rules
- Japan Fair Trade Commission guidance on document retention in digital platform investigations
- EU AI Act conformity documentation timelines intersecting with competition compliance records
Recent material activity in Technology, AI & Competition
-
NIST releases updated AI Risk Management Framework companion guide for critical infrastructure
NIST published AI RMF 1.1 companion guidance specifically addressing AI deployment in critical infrastructure sectors including energy, financial services, and healthcare. The guide introduces mandatory risk assessment c…
Read a full sample brief →