E-Discovery In The European Union

Scenario

An international banking organization with offices in both the United States and France is sued in the United States for fraud. Much of the data relevant to the United States litigation is located on centralized servers in France, although the data can be accessed by individuals in the United States. The organization is unsure if it can produce that data in the United States litigation without running afoul of France's data privacy laws and blocking statute.

Keywords: international data privacy laws, ESI, safe harbour

Data Consolidation & Globalization

It is not uncommon for information—including electronically stored information (ESI)—sought in discovery in US legal proceedings to be located outside of the United States. Access to such information is complicated by the differing perspectives of various foreign jurisdictions toward the discovery or disclosure of such information. In addition, the movement toward cloud computing models has the