Peer to Peer Magazine

Winter 2019

The quarterly publication of the International Legal Technology Association

Issue link: https://epubs.iltanet.org/i/1195860

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36 Cross-Border eDiscovery B Y W E N D E L L J I S A T he world is shrinking, mainly due to technolo. Companies of all sizes that confined their growth to the U.S. now have opportunities to expand overseas. Whether the growth comes from adding global vendors, launching new offices, establishing international partnerships or selling to new countries, it also comes with legal challenges. What are the local or country regulations? What's the best way to set up a business? What considerations should be prioritized? As a result, eDiscovery is quickly becoming a cross-border endeavor. Law firms and corporate legal departments, regardless of size, should be ready to handle it on a global scale. Global eDiscovery Challenges International eDiscovery comes with complications that can make it more difficult and expensive to handle than its domestic counterpart. First, legal organizations face added complexities with regulations. More countries mean more data privacy and protection laws that require compliance. GDPR Article 29 provides guidelines for data controllers subject to EU law and the protection of any ESI that contains private information. Failure to comply leads to penalties such as warnings, reprimands, suspension of data processing and fines. FRCP guidelines are challenging to apply country by country, and how each country defines consent varies. Consent in Germany is potentially very different than consent in Greece. The Hague Convention, which provides a procedure for obtaining evidence located in foreign countries, has many variations from country to country. Also, some countries like China have implemented blocking statutes that make it illegal or even criminal to transfer ESI to foreign courts. Second, global eDiscovery drains time and resources. Expanding resources worldwide isn't feasible for most law firms. Preparing a new system from the ground How to Overcome Challenges and Contain Costs

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