header-logo header-logo

10 July 2008 / Susan Knox
Issue: 7329 / Categories: Features , In-House , E-disclosure , EU
printer mail-detail

Easing the burden

Susan Knox outlines the advantages of electronic disclosure in EU litigation

As corporate communications increasingly involve e-mail and other electronic documents, electronic disclosure in disputes is occurring more frequently. Depending on the jurisdiction and the matter, the disclosure of electronic materials may be mandatory. Even where not required, litigation teams are increasingly taking advantage of the latest search and review technologies to prepare the case using electronic materials.

Materials in any matter are likely to be sourced from individuals' desktop and laptop PCs, and work e-mail accounts. These sources, despite corporate rules and policies, are likely to contain irrelevant personal data, including banking and health information, communications with friends, and music files. When collecting electronic evidence it is essential, therefore, that companies and their lawyers observe applicable employment, privacy and data protection laws, while also heeding court orders and considering the company's legal needs.

Disclosure, Data Protection and Privacy

Lawyers must be aware of the rules concerning disclosure in the individual case. These may include court rules of general application, such as

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll