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ARTICLE · 11 NOVEMBER 2026

Data Retention In 2026 And The Gap Between Policy And Practice – Article Published In Privacy And Data Protection Journal

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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Organizations continue to struggle with data and record retention despite well-drafted policies, often facing a significant gap between policy intent and operational practice.

United StatesPrivacy

The Privacy and Data Protection Journal has published an article by Duc Tran (Of Counsel) of our Digital TMT, Sourcing & Data team. Please click here to access the full article.

The article examines why many organisations continue to struggle with data and record retention, and how they can adopt a defensible, practical approach across modern data environments. In particular, it considers:

  • The legal framework - including the tension between data minimisation and the patchwork of minimum retention periods applicable to different records;
  • The consequences of getting it wrong - whether through premature deletion, over-retention or failing to establish an effective governance framework;
  • Common practical pitfalls in retention exercises - at both the policy drafting and the implementation stage where policy and practice can diverge, especially when records sit across email, shared drives and collaboration platforms; and

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