I don't think it has to be that hard; you just need to require that communication is preserved for companies over a certain size, e.g. meeting minutes, emails, etc. This is already the case for financial records and some employment records, and the case with politics ("but her emails!")

This way, a record can be subpoenaed if needed.

Don't keep records or don't have records of this particular decision? The person responsible for making sure the records are kept for that department will be in trouble.

There is some administrative "red tape" here, but it's not that bad, and much of these records already exist (or existed).

The problem is the political will to enact such a law; I agree that's not likely to happen.