Commentary on Managing International Legal

Commentary on Managing International Legal Holds from The Sedona Conference: eDiscovery Best Practices

The Sedona Conference® (TSC) and its Working Group 6 on International Electronic Information Management, Discovery, and Disclosure (WG6) has announced that The Sedona Conference Commentary on Managing International Legal Holds (“Commentary”) has been published for public comment.

In 2019, TSC and its Working Group 1 on Electronic Document Retention and Production (WG1) published The Sedona Conference Commentary on Legal Holds, Second Edition: The Trigger & The Process. Among other updates to the First Edition, the Second Edition added Guideline 12, which addresses the implications of preserving information located outside of the United States:

  • Guideline 12: An organization should be mindful of local data protection laws and regulations when initiating a legal hold and planning a legal hold policy outside of the United States.

This Commentary on Managing International Legal Holds expands upon Guideline 12 by focusing on “international legal holds,” defined as legal holds involving preservation obligations that cross international borders. It provides guidance and practice points for implementing international legal holds while at the same time complying with potentially conflicting international data protection laws and regulations.

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This 38-page PDF Commentary has four sections: Introduction, Preservation and International Data Protection Requirements, Practice Points and Conclusion. It also has one Appendix, which is a Sample Notice Incorporating GDPR Requirements.

Available here for free download, the Commentary on Managing International Legal Holds is open for public comment through October 30, 2022. Questions and comments may be sent to comments@sedonaconference.org. The drafting team will carefully consider all comments received, and determine what edits are appropriate for the final version.

A webinar on the Commentary will be held and will be announced by email and on The Sedona Conference website. The webinar will give you the opportunity to ask questions and gain additional insight on this important topic.

So, what do you think? Are you struggling with managing legal holds internationally? Please share any comments you might have or if you’d like to know more about a particular topic.

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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