Once a club knows an inquiry has begun, it must immediately preserve every relevant document and piece of information in its possession or control in its existing format, and it must notify connected current and former people to do the same.
What the club must do straight away
The duty starts as soon as the club knows the board has begun an inquiry into a suspected or alleged breach by that club. It does not wait for a later request for documents.
The material to be kept includes all documents and information in the club's possession or control that are relevant, or might reasonably be considered relevant. They must be preserved in their existing format and held until the board gives further direction.
The duty also reaches material relevant to the inquiry itself and to disciplinary proceedings that might reasonably be expected to follow from it.
Who the board can require to assist
These are the people and entities the board can require to assist during an inquiry.
| Who | What they can be required to do |
|---|---|
| Manager | Appear to answer questions or provide information; produce documents |
| Match official | Appear to answer questions or provide information; produce documents |
| Official | Appear to answer questions or provide information; produce documents |
| Player | Appear to answer questions or provide information; produce documents |
| Club | Produce documents |
The inquiry power covers any suspected or alleged breach of the rules. If a manager, match official, official or player fails to appear when required, or fails to produce documents when required, that failure is itself a breach of the rules.
Who must preserve documents
These are the people and entities who come under the preservation duty.
| Who | What they must do |
|---|---|
| The club under inquiry | Preserve all relevant documents and information immediately, in their existing format |
| Its current officials, directors and players connected with the subject | The same, once the club notifies them as soon as practicable |
| Former officials, directors and players connected with the subject | The same, once the club takes reasonable steps to notify them |
| An individual under inquiry | The same, from the moment they become aware of it |
For current officials, directors and players connected with the subject, the club must notify them as soon as practicable and tell them to preserve documents. For former officials, directors and players connected with the subject, the club must take reasonable steps, as soon as practicable, to notify them and give the same instruction.
An individual who is personally under inquiry has the same immediate preservation duty from the moment that individual becomes aware of the inquiry. That duty does not depend on a separate notice from a club.
What this means for deletion and retention policies
Every club and person must make any document deletion or retention policy they follow expressly subject to these preservation duties. Material that would otherwise be deleted, overwritten or cleared under an ordinary policy cannot be handled that way once the preservation duty applies.
The point is not whether a deletion system is manual or automatic. Once the inquiry-related duty is engaged, the preservation obligation takes priority.
FAQ
What happens when the Premier League investigates a club?
The board can inquire into any suspected or alleged breach of the rules. During that process it can require certain individuals to answer questions or provide information, and it can require documents from those individuals or from a club. For the club itself, one of the first consequences is that the duty to preserve documents and information starts immediately.
Can the Premier League make a player answer questions?
Yes. A player can be required to appear before the board to answer questions or provide information, and can also be required to produce documents. Failure to appear or to produce documents when required is a breach of the rules.
Who does a club have to notify about an inquiry?
The club must notify its current officials, directors and players who are connected with the subject of the inquiry. It must also take reasonable steps to notify former officials, directors and players connected with the subject and tell them to preserve documents as well.
Does the preservation duty cover only material for the inquiry itself?
No. It also reaches material relevant to disciplinary proceedings that might reasonably be expected to follow the inquiry. That makes the duty wider than the immediate fact-finding stage alone.