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The Importance of the Designated Third-Party Requirement

Many securities firms have overlooked a critical record keeping obligation: the designated third-party (D3P) rule, also known as the SEC Rule 17a-4. Iron Mountain's comprehensive D3P compliance service is available for all types of electronic records, including computer output to laser disc (COLD), back-office, imaged, voice recording and transactional records, as well as email and messaging communications.

Online or Onsite Access

You can choose from two distinct options, so you can have the solution that best fits your needs:

  • D3P Online Access: for secure remote access to your archive systems by Iron Mountain
  • D3P Onsite Access: Iron Mountain’s compliance experts retrieve records from archive Electronic Storage Media (ESM) at your facility

The Deliverables: Analysis, Validation, and Peace of Mind

Your compliance organization is provided with tremendous insight into your systems.

The service includes:

  • A Letter of Intent to regulators informing them that you contracted a Designated Third-Party Provider
  • A System Configuration Plan (SCP) explaining access to your records
  • An annual test and report to show continual compliance while your technology goes through upgrades
  • A letter of Undertaking to file with the SEC and self-regulating organizations
  • Two D3P status reviews each year to validate accountability
  • Peace of mind knowing that you are fully compliant with the D3P rule
The Final Frontier of SEC Rule 17A-4(f)- Officials signing documents

The Final Frontier Of SEC Rule 17a-4(f)

An Iron Mountain employee describing how to face FINRA audit | Iron Mountain

Designated Third Party Provider Compliance

Protect Your Intellectual Property Development

Your business relies on the intellectual property (IP) you develop to remain competitive in the marketplace. Your intellectual property is at the core of your company. But, as crucial as IP is to companies like yours, it is often poorly managed as an asset.

Ensure the integrity of your IP, and your company’s wellbeing, with IP Development Protection. Prevent others from using your inventions, designs or other creations. Make sure you’re the only person who can monetize or profit from these assets. Theft and illegal use of IP is widespread and results in lost opportunity, unrecovered costs and expensive legal battles.

What If You Could…

  • Document IP development with a timestamp/audit trail that is securely held with a neutral, third-party?
  • Strengthen your company’s position in the event of an IP dispute with a business partner or during a merger or acquisition?
  • Safeguard you intellectual property if an employee leaves to work for a competitor?

With Iron Mountain acting as a neutral, trusted third party that protects and manages your IP, a secure technology escrow deposit can be used to document the development of your company’s IP. With our Intellectual Property Development Protection Agreement (IPDPA) we date and time-stamp each deposit so a genealogy of the product is kept on record. Our IPDPA service can provide necessary key evidence of when, how and by whom a technology was developed at a point in time. This independent preservation of your IP by Iron Mountain can significantly strengthen a company’s position in any legal dispute concerning intellectual property rights.

Intellectual Property Development Protection Agreement

Easily Satisfy Your IP Litigation Discovery Requirements

During the discovery phase of litigation, there is an inherent conflict of interest between parties. Defendants must satisfy the discovery requirements of the court, while simultaneously protecting their intellectual property. For plaintiffs, it’s essential that their attorneys and experts gain access to the information necessary to prepare for trial. Our expertise empowers organizations to comply efficiently with discovery compliance provisions related to intellectual property litigation, while simultaneously reducing associated costs, response times and risk of potential exposure.

With Iron Mountain acting as a neutral third party in the discovery process, the IP Litigation Discovery Escrow Service provides a secure and controlled environment that benefits all parties:

  • Plaintiffs are allowed the opportunity to access and examine all pertinent intellectual property
  • Defendants eliminate the potential exposure and risk associated with delivering proprietary information directly to plaintiffs
  • All parties enjoy access to mutually agreeable, convenient locations via Iron Mountain’s extensive national network of secure data protection vaults
  • Comfortable working environments—with onsite customer service— where proprietary deposited materials can be reviewed
  • Flexible security protocols to meet the specific needs of each individual case
Accelerate Litigation Readiness and Reduce Costs- Four People in Meeting | Iron Mountain

Balanced Protective Orders that Work


Do you know about the Designated Third Party (SEC) rule regarding the preservation of electronic records? This short video breakdowns everything you need to know to maintain compliance.

Defending Your Trade Secrets

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Contact Iron Mountain

Our Customer Support section can help provide you with the quickest answers to your questions, or feel free to contact us at your convenience