header-logo header-logo

08 July 2010 / Costa Kypre
Issue: 7425 / Categories: Features , Profession
printer mail-detail

Voyage of discovery

Costa Kypre examines the complications of cross-border disclosure

The prospect of embarking on a cross-border e-discovery exercise is complicated by the fact that many countries around the world have widely differing legal systems and philosophies with regard to data privacy and disclosure.

The US has a very broad discovery system, whereas member states of the European Union, Canada and Asia have a much more proportionate approach to disclosure and often have very complex data privacy rules, which specifically prohibit the liberal discovery approach taken by the US legal system.

This can be especially problematic when a cross-border discovery exercise is being led from the US. Further, now that many companies have a global presence, there is often data that may be relevant to an investigation or litigation which originates in one or more European offices. Europe in particular has a long history of fiercely protecting the individual’s right to privacy, which often causes an obstacle to a US-led discovery fulfilling its discovery obligations.

Potential consequences

The consequences of violating these conflicting principles can be

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll