E-discovery and Data Privacy: A Practical Guide

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Catrien Noorda, Stefan Hanloser
Kluwer Law International, 2011 - Computers - 407 pages
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It is not unusual in corporate litigation for the outcome of a case to hinge on the discovery in court of electronically-stored information (ESI). Yet in most jurisdictions (notably among EU Member States) the withholding of such information is required by privacy laws or even laws specifically blocking the transfer of data for discovery purposes. Companies that ignore such laws may face severe sanctions. In the United States, however, discovery of ESI is often compulsory, and failure to comply can lead to contempt of court and losing the case. This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative cost of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained. Specific jurisdictions covered include Austria, Belgium, Bulgaria, the Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Malaysia, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Taiwan and United Kingdom.
 

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Contents

Chapter
1
US Discovery and International Privacy Laws
7
Chapter
13
Article 29 Working Party
15
Chapter 4
29
3
35
Belgium
43
Application of Belgian Data Protection in Discovery
54
The Netherlands
191
Conclusion
199
Pretrial Discovery versus Data Protection in Norway
207
Poland
209
Export of Personal Data to the United States
215
Background
226
Romania
231
No Blocking Statutes
246

Bulgaria
57
Conclusion
65
Background
74
Estonia
77
6
87
Background
94
France
99
The Hague Convention on the Taking of Evidence
100
8
109
Greece
117
Hungary
125
Italy
131
Conclusion
142
Discovery in Latvia
149
Liechtenstein
151
Pretrial Discovery in Liechtenstein
160
Lithuania
163
Pretrial Discovery
169
Background
175
Foreign Civil PreDiscovery Proceedings versus
184
Slovakia
247
Conclusion
255
Background
260
Spain
263
Pretrial Discovery in Spain
271
Switzerland
277
Background
287
Conclusion
293
United Kingdom
295
1
307
Conclusion
317
Macau
319
Malaysia
325
Singapore
333
Data Protection
343
Taiwan
349
Pretrial Discovery of Electronic Evidence in Taiwan
358
Annex 2
393
Copyright

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