Cross-Border Discovery

Cross-Border Discovery and Relevancy vs. Data Privacy: eDiscovery Best Practices

My latest blog post for IPRO’s blog discusses challenges today with cross-border discovery and how the discovery disputes often come down to a battle of relevancy vs. data privacy.

With so many multi-national organizations today and global regulatory environment expanding significantly in recent years through GDPR and other data privacy laws, it was inevitable that we were going to see more cases involving cross-border discovery. It was also inevitable that we were going to see more disputes over whether potentially responsive data from custodians in foreign jurisdictions is protected through data privacy laws.

And inevitably we are seeing those disputes more frequently play out in American courts. In the post, I discuss two cases (one that I literally just covered), how the cross-border discovery disputes played out in those cases and why.

So, what are the cases that I discuss? And how do they impact cross-border discovery disputes? You can find out on IPRO’s blog here. It’s just one extra click!  😉

Speaking of cross-border, the ABA Cross-Border Institute was created for attorneys and privacy professionals to understand the complex interplay between eDiscovery, cyber security, and privacy across and among jurisdictions with an emphasis on the difficulties and tensions for organizations doing business in the U.S., E.U., and U.K. Next week, IPRO will be participating in the ABA Cross-Border Institute 2022 event on July 21 & 22 at the Kimpton De Witt Hotel in Amsterdam, Netherlands.

The distinguished faculty of international data privacy, cybersecurity and eDiscovery thought leaders will offer:

  • discussions with European privacy regulators with interactive sessions that give everyone an opportunity to ask questions
  • an update on review of data privacy considerations as the world returns to “normal”, and
  • a robust ethics discussion.

For more information and to book a meeting with an IPRO expert at the event, click here!

So, what do you think? Have you dealt with cross-border discovery disputes in your cases? Please share any comments you might have or if you’d like to know more about a particular topic.

Disclosure: IPRO is an Educational Partner and sponsor of eDiscovery Today

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

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