Protecting Privacy in Cross Border Litigation

Best practices for navigating the privacy statutes of foreign nations while complying with U.S. e-discovery requirements.

For U.S.-based, multinational organizations, privacy statutes in foreign nations have become a minefield that threatens to disrupt the day-to-day operations taken for granted at home. The problem is especially acute for companies performing e-discovery and related operations since they must meet the Federal Rules of Civil Procedure (FRCP) obligations related to the production of electronically stored information (ESI).

This paper discusses the balance between complying with U.S. e-discovery rules and abiding by the strict privacy laws of foreign nations.

The white paper answers important quesitons, including:

  • How the definition of “personal data" differs in the U.S. than in the EU
  • How different interpretations of “data processing" impact cross-border e-discovery practices
  • What legal steps organizations can take to circumvent international data privacy statutes when complying with e-discovery requests

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