Reducing the Challenges of Cross-Border eDiscovery
When eDiscovery involves data from more than one country, it increases the complexity of the task at hand, writes counsel Greg Mitchell on the website of UnitedLex.
The proliferation of electronic data and complexity in international privacy laws only add to the burden and cost of litigation. Given the increased legal, regulatory, and reputational complexity and risk, organizations need to be prepared to take a proactive approach to cross-border eDiscovery,” Mitchell explains.
He says the biggest challenge in cross-border eDiscovery is a lack of understanding of data privacy laws in different jurisdictions.
“Due to the nature of litigation, cross-border eDiscovery often places U.S. corporations in the tumultuous position of potentially violating foreign privacy laws. Broadly speaking, the U.S takes a different and less restrained approach to data privacy compared to the rest of the world and many countries view this approach as inadequate,” Mitchell writes.
The blog post includes a link to a UnitedLex white paper on cross-border eDiscovery.
