Mon. Apr 29th, 2024

Editor’s Note: The release of EDRM’s “General Data Protection Regulation Cross-Border Discovery Guidelines” marks an important resource development for understanding and transiting the intersection of U.S. litigation and European data protection laws. As global data flows continue to increase, the complexity and risk associated with cross-border legal discovery have escalated, particularly with the stringent requirements of the GDPR. Under the guidance of Mary Mack (CEO and Chief Legal Technologist) and Kaylee Walstad (Chief Strategy Officer), EDRM’s guidelines offer a thoughtfully honed and practically useful roadmap for legal professionals to navigate these treacherous waters without running afoul of regulatory penalties. This development is not only a continuing commendation to EDRM’s leadership in setting global eDiscovery standards but also a valuable asset for corporations, law firms, and governments worldwide. The involvement of leaders like Mack and Walstad, alongside the collaboration of U.S. and international experts, emphasizes the importance of global cooperation in the ever-evolving landscape of information governance and privacy, highlighting EDRM’s commitment to advancing the practice of eDiscovery and information governance across the globe.


Content Assessment: EDRM Publishes Final GDPR Guidelines for Cross-Border eDiscovery

Information - 90%
Insight - 92%
Relevance - 94%
Objectivity - 90%
Authority - 94%

92%

Excellent

A short percentage-based assessment of the qualitative benefit expressed as a percentage of positive reception of the recent announcement by the EDRM as shared in an article titled "EDRM Publishes Final GDPR Guidelines for Cross-Border eDiscovery" by ComplexDiscovery OÜ.


Industry News – eDiscovery Beat

EDRM Publishes Final GDPR Guidelines for Cross-Border eDiscovery

ComplexDiscovery Staff

In a noteworthy update to its resources for legal and information governance professionals, the Electronic Discovery Reference Model (EDRM) announced the completion of its “General Data Protection Regulation Cross-Border Discovery Guidelines.” This announcement comes after a thorough public comment period aimed at refining these guidelines to meet the complex needs of global eDiscovery practices. Founded in 2005, EDRM continues to spearhead initiatives that set global best practices in the field of eDiscovery.

The necessity for these guidelines emerges from the intricate legal landscape that legal practitioners navigate when involved in U.S. litigation or investigations that require evidence from the European Union or the United Kingdom. The GDPR imposes strict regulations on the handling of data, which often conflict with U.S. discovery and production obligations. Failure to comply with GDPR can result in fines up to the greater of €20 million or 4% of a company’s annual worldwide revenue.

David Cohen, a partner at Reed Smith LLP and co-project trustee, highlighted the challenging scenario faced by practitioners in ensuring compliance with both U.S. and GDPR requirements without risking severe penalties. To address these challenges, EDRM’s guidelines, along with a checklist, model hold notice, and model protective order, were developed by a dedicated team of U.S. and international legal and privacy professionals, including members from the Commercial Litigation Association of Ireland (CLAI).

Helen Kilroy, Chair of the CLAI, endorsed the guidelines as an invaluable tool for lawyers engaged in cross-border litigation, underscoring their role in clarifying obligations under GDPR. Further emphasizing the dynamic nature of GDPR standards, Yelizaveta Kotova, an eDiscovery Attorney at Reed Smith and co-project trustee, noted the ongoing efforts to update the guidelines and develop judicial training programs to assist judges with GDPR issues in U.S. litigation discovery.

The EDRM project team, comprising professionals from both legal firms and technology consulting, reflects a broad coalition aimed at enhancing the practice of eDiscovery and information governance across borders. The guidelines and additional resources are expected to serve as a foundational tool for practitioners handling EU or UK evidence in litigation or regulatory investigations.

The EDRM, since its inception in 2005, has been at the forefront of developing resources and setting standards for the eDiscovery, privacy, security, and information governance sectors. With a global presence in 145 countries, EDRM’s efforts are pivotal in shaping the practices and technologies used in the legal discovery process.

To access the “General Data Protection Regulation Cross-Border Discovery Guidelines,” visit EDRM.net. For more information or to get involved in EDRM’s global project community, contact info@edrm.net.

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