It looks as how you comply with US discovery rules, whilst still complying with GDPR in the EU.
This one is focused on redactions, but it goes a lot deeper than that. Companies need to recognise and engage with GDPR when dealing with EU data in relation to US Discovery.
We have worked on countless cases where this is a factor. As such we often work with the law firms themselves to develop innovate solutions.
This reminds me of a paper I did a few years ago called Hobson’s Choice. It examined the conflict between the current regime of US Discovery rules in respect of US-based litigation and the legislation in Europe around data protection.
This was then, and continues to be, a real issue faced by many organisations as they seek to do business globally whilst streamlining and centralising their business processes, and therefore data. Therefore, when faced with litigation in the US, multinationals are increasingly torn between the conflicting requirements of the stringent rules of discovery in the US and the strict data protection regime in the European Union.
Our paper looked at the two fundamental concepts at play: the concept of privacy; and the rules of discovery. The paper looked in detail as to why there is such a conflict between these two legal concepts, a conflict that often leads organisations having to decide which rules to breach as absolute adherence to both is impossible.
Whilst the paper is a few years old now, much of the content still stands so drop me a message if you want to know more or see it.
The European General Data Protection Regulation, or GDPR, is a set of laws that govern how data is processed and controlled within the European Union, which became effective in 2018.