How Do Bring Your Own Device (BYOD) Policies Shape E-Discovery?

With the shift to remote and hybrid work, Bring Your Own Device (BYOD) has surged and is reshaping e-discovery, writes Reveal chief growth officer Catherine “Cat” Casey in a blog post on ACEDS.org.

BYOD policies request your employees use their personal devices —cell phones, laptops, printers, tablets, and VOIP phones — for work-related tasks. However, by combining personal and professional data, it poses unique challenges for legal teams during litigation or investigations, as well as security issues related to data privacy and confidentiality.

Data that is scattered and duplicated across multiple devices can cause major e-discovery challenges. If it is on employee-owned devices, there is a higher risk of it being deleted or destroyed, and electronic data may be more difficult to preserve and collect. “It’s enough to make you miss the good old days of file cabinets and fax machines,” noted Casey.

Many organizations believed they were saving a pile of money when BYOD emerged in the early 2010s. Smaller companies anticipated potential savings in the millions, while the big companies garnered over $700 million. What happened, however, was that BYOD resulted in cost overruns, security nightmares, and compliance headaches. 

If your organization is considering BYOD, you will need mobile device and BYOD policies that delineate who can use BYOD devices, what devices are allowed, and how to keep your company and personal data safe.  

BYOD is a minefield of eDiscovery challenges. You will need to master the BYOD e-discovery maze to keep your data management as seamless as possible. Creating and enforcing a robust BYOD policy is your company’s survival tool, and teaching your team about risks and policies is the organization’s shield against potential disasters.