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ARTICLE · 21 OCTOBER 2019

Incorporating Data Privacy Considerations Into Investigations

Cleary Gottlieb Steen & Hamilton LLP
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Many investigations, particularly those that are cross-border in nature, are likely to present data privacy issues, and managing these issues is frequently a key consideration...

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Global Crisis Management Series: This post is part 14 in a series concerning topics further elaborated on in Cleary Gottlieb's Global Crisis Management Handbook—a desk reference for spotting issues and avoiding common mistakes when faced with a crisis. The current version is available here.

Many investigations, particularly those that are cross-border in nature, are likely to present data privacy issues, and managing these issues is frequently a key consideration in an investigation. By keeping data privacy laws in mind as soon as an investigation starts, an organization will avoid the risk that it has failed to satisfy certain requirements, thereby exposing itself to the possibility of a fine or sanction from a regulator. Below we walk through chronologically how an organization might incorporate data privacy considerations at each stage of an investigation:

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