Storing Cookies Requires Internet Users’ Active Consent Says Court of Justice of the European Union

Oct 2, 2019

Press Announcement from the Court of Justice of the European Union

Judgment in Case C-673/17, Bundesverband der Verbraucherzentralen und Verbraucherverbände ̶ Verbraucherzentrale Bundesverband eV v Planet49 GmbH

Storing cookies requires internet users’ active consent, a pre-ticked checkbox is therefore insufficient.

The German Federation of Consumer Organisations has challenged before the German courts the use by the German company, Planet49, of a pre-ticked checkbox in connection with online promotional games, by which internet users wishing to participate consent to the storage of cookies. (1) The cookies in question aim to collect information for the purposes of advertising Planet49’s partners’ products.

The Bundesgerichtshof (Federal Court of Justice, Germany) asked the Court of Justice to interpret the EU law on the protection of electronic communications privacy. (2)

In today’s judgment, the Court decides that the consent which a website user must give to the storage of and access to cookies on his or her equipment is not validly constituted by way of a prechecked checkbox which that user must deselect to refuse his or her consent.

That decision is unaffected by whether or not the information stored or accessed on the user’s equipment is personal data. EU law aims to protect the user from any interference with his or her private life, in particular, from the risk that hidden identifiers and other similar devices enter those users’ terminal equipment without their knowledge.

The Court notes that consent must be specific so that the fact that a user selects the button to participate in a promotional lottery is not sufficient for it to be concluded that the user validly gave his or her consent to the storage of cookies.

Furthermore, according to the Court, the information that the service provider must give to a user includes the duration of the operation of cookies and whether or not third parties may have access to those cookies.

NOTE: A reference for a preliminary ruling allows the courts and tribunals of the Member States, in disputes which have been brought before them, to refer questions to the Court of Justice about the interpretation of European Union law or the validity of a European Union act. The Court of Justice does not decide the dispute itself. It is for the national court or tribunal to dispose of the case in accordance with the Court’s decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.

(1) Cookies are files which the provider of a website stores on the website user’s computer which that website provider can access again when the user visits the website on a further occasion, in order to facilitate navigation on the internet or transactions, or to access information about user behaviour.

(2) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009 (OJ 2009 L 337, p. 11), read in conjunction with Article 2(h) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31), and of Article 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 (General Data Protection Regulation) (OJ 2016 L 119, p. 1).

Full PDF Copy of the Court of Justice of the European Press Release No. 125/19, 1 October 2019

Court of Justice of the European Union No 125:19 – 100119

Additional Reading

Source: ComplexDiscovery

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Background Note: In a time where transparency, accountability, and sustainability have become watchwords for business success, Environmental, Social, and Governance (ESG) considerations are becoming more than just a trend; they're becoming an essential part of doing business. For eDiscovery service and software providers, this new business reality brings unique challenges and opportunities. As custodians of vast amounts of data and participants in an industry where technological change is the norm, eDiscovery providers are uniquely positioned to lead in ESG initiatives. This responsibility doesn't just reflect a moral obligation; it's a business imperative. As customer expectations evolve and regulatory requirements tighten, companies that embrace ESG principles can gain a competitive edge, innovate more effectively, and build a more resilient, future-proof business.

Industry Backgrounder

The Green Equation: How ESG and Green Computing May Boost the eDiscovery Bottom Line

ComplexDiscovery*

As we stand on the threshold of a new era of business, the traditional measures of success are being reevaluated. The 21st-century business landscape is shaped not just by financial performance but by the broader impact of an organization on society and the planet. The rise of Environmental, Social, and Governance (ESG) factors as critical considerations in strategic planning have created a seismic shift in how businesses operate and thrive. Amid this transformation, sustainability and green computing are emerging as essential components of a responsible and future-forward business strategy.

ESG, a comprehensive framework for assessing a company's commitment to sustainable and ethical practices, has moved from the periphery to the core of business decision-making. It's no longer a matter of 'if' but 'how' businesses incorporate ESG factors into their strategic, operational, and tactical initiatives. From managing environmental impact to ensuring robust governance practices and prioritizing social responsibilities, ESG is fast becoming the new benchmark for businesses worldwide.

Sustainability, a key element of the 'E' in ESG, is about conducting business in a way that meets present needs without compromising the ability of future generations to meet theirs. It involves creating systems and products that are efficient, require fewer resources, and minimize waste and pollution. It's about building resilience against future challenges and contributing positively to society and the environment.

Green computing, an aspect of sustainability, is a rapidly emerging field. It focuses on designing, manufacturing, using, and disposing of computers, servers, and associated subsystems with minimal environmental impact. Green computing looks beyond immediate financial gains, considering the total lifecycle cost of a product, including its energy consumption, operational expenses, and environmental impact.

This article examines the intersection of ESG, sustainability, and green computing at a high level. It explores why these concepts are no longer optional but essential for businesses aiming to succeed in a rapidly changing, globally connected world. It also discusses how these practices can provide a competitive advantage, drive innovation, ensure compliance, enhance brand reputation, and ultimately contribute to long-term business success.

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Defining and Describing ESG

ESG stands for Environmental, Social, and Governance. These three pillars form a framework for evaluating an organization's sustainability and societal impact. They provide a broad set of criteria for investors and stakeholders to assess a company's operations and performance beyond traditional financial metrics.

Environmental factors concern a company's environmental impact and role in climate change. They include things like energy use, waste management, pollution, natural resource conservation, and treatment of animals.
Social factors look at how a company manages relationships with employees, suppliers, customers, and the communities in which it operates. They can include worker health and safety, labor rights, diversity and inclusion, customer satisfaction, data protection and privacy, and community development.
Governance factors involve a company's leadership, executive pay, audits, internal controls, and shareholder rights. They can also include issues such as corruption, political lobbying, and legal compliance.

ESG is important for business leaders because it can influence an organization's long-term sustainability and immediate operational success. Here are examples of how ESG influences sustainability and success:

Risk Management: ESG factors can help identify and manage risks that are not immediately apparent through traditional financial analysis. For example, companies with strong environmental practices may be less exposed to a major environmental incident's financial and reputational damage.
Investor Interest: There is growing demand from investors for companies to demonstrate strong ESG performance. Investors increasingly recognize that ESG factors can significantly impact a company's financial performance and long-term viability.
Regulatory Compliance: Governments worldwide are introducing regulations requiring companies to disclose their ESG performance. Proactive companies in this area will likely be better prepared to meet these requirements.
Operational Efficiency: Many ESG factors, such as energy efficiency or waste reduction, can also help improve operational efficiency and reduce costs.
Reputation and Brand Value: Companies that perform well on ESG measures can enhance their reputation, increase customer loyalty, and potentially command a price premium for their products or services.
Employee Engagement: Companies with strong ESG credentials often find attracting and retaining top talent easier, leading to greater productivity and innovation.

Strategic planning incorporating ESG considerations can also help a company anticipate changes in the regulatory environment, consumer behavior, and societal norms and thus be better prepared to adapt. Regarding operational and tactical execution, incorporating ESG can lead to process improvements, cost savings, and increased employee engagement. Additionally, it can help a company build stronger relationships with suppliers, customers, and communities, contributing to business success.

Addressing and Assessing Green Computing

At the intersection of ESG and sustainability is green computing, an emerging field with the potential to significantly shape businesses' future success in a digitally interconnected world. Five ways green computing is shaping business success today include:

Competitive Advantage

Incorporating ESG considerations into business strategies can provide a significant competitive advantage. Consumers, investors, and stakeholders increasingly choose to align themselves with organizations that prioritize sustainability and ethical practices. This shift in sentiment has created a market where ESG performance can set businesses apart. As part of a company's ESG strategy, green computing can improve energy efficiency, reduce waste, and minimize the environmental impact, providing a unique selling point that differentiates an organization from its competitors.

Driving Innovation

ESG and green computing aren't just about compliance and reputation management; they can also be significant drivers of innovation. When businesses strive to reduce their environmental impact or improve their governance practices, they often need to find new, creative solutions to complex challenges. This approach can lead to the development of innovative products, services, and processes that contribute to sustainability and provide new avenues for growth and profitability. For example, green computing initiatives might lead to the development of energy-efficient software, systems, and processes that reduce environmental impact and save costs in the long term.

Ensuring Compliance

Regulatory bodies worldwide increasingly recognize the importance of ESG factors, leading to new laws and regulations to promote sustainability and social responsibility. By incorporating ESG considerations into their operations, including green computing practices, businesses can ensure they stay ahead of regulatory changes and avoid potential penalties. Proactive compliance can enhance a company's reputation with regulators, potentially resulting in more favorable treatment in case of inadvertent violations.

Enhancing Brand Reputation

As public awareness of environmental and social issues grows, businesses are under increasing scrutiny. Companies that demonstrate a genuine commitment to ESG principles, including sustainable and ethical computing practices, can significantly enhance their brand reputation. This application of ESG principles can lead to increased customer loyalty, more opportunities for partnership, and better relationships with stakeholders. On the other hand, businesses that fail to consider ESG considerations can suffer reputational damage that can be difficult and expensive to repair.

Long-term Business Success

While the immediate benefits of ESG and green computing are considerable, their most significant impact is their contribution to long-term business success. Companies that adopt sustainable and ethical practices are better positioned to weather future challenges, whether they be regulatory changes, shifts in consumer sentiment, or new technological advancements. These businesses are also more likely to attract and retain top talent, who increasingly seek employers that align with their values.

ESG and green computing represent more than just a trend; they are fundamental shifts in how businesses operate in the 21st century. Companies embracing these concepts can expect to improve their immediate bottom line and secure long-term success in a rapidly changing, globally connected world. The path to sustainability and social responsibility may be complex, but the tangible and intangible rewards make the journey worthwhile.

From Green Coding to Green Resource Management

Beyond the broader ESG strategy, let's dive deeper into the specific realm of green computing, a field quickly emerging as an essential component of sustainability efforts within organizations and a proverbial green field opportunity for eDiscovery service and software providers.

Green coding, for instance, is a practice that seeks to reduce the environmental footprint of software development. By following environmentally friendly coding practices, developers can create more energy-efficient software that uses fewer resources, thereby contributing to the overall sustainability goals of the organization. Businesses adopting green coding can reduce operational costs while demonstrating a commitment to environmental stewardship, enhancing their brand reputation.

In addition to green coding, sustainable data management techniques can significantly contribute to an organization's green computing efforts. Efficient data management techniques can minimize the environmental impact of storing, processing, and transferring data, leading to reduced energy consumption and lower carbon emissions. Further, adopting these techniques can enhance operational efficiency and provide cost-saving benefits.

Green resource management in computing, another crucial aspect, involves optimizing resource usage within computing environments, including hardware, software, and energy resources. This approach can significantly reduce an organization's environmental footprint while saving operational costs.

The Green Software Development Life Cycle

The adoption of green practices should not be limited to specific aspects of computing but should permeate the entire software development life cycle. This includes incorporating sustainability considerations into design, development, deployment, and maintenance stages. By doing so, businesses can ensure that their software products are efficient, high-performing, and environmentally friendly.

Measurement and Improvement

To track progress and understand the impact of their green computing efforts, businesses need robust tools and techniques for measurement. By quantifying the environmental impact of their software development processes, organizations can identify areas for improvement and monitor their progress toward sustainability goals. These measurements can also provide valuable data that can be communicated to stakeholders, demonstrating the organization's commitment to ESG principles.

ESG, Sustainability, and Green Computing: Impact Beyond the Environment

While the environmental benefits of ESG, sustainability, and green computing are substantial, their impact extends far beyond the environment. They can also contribute to financial stability, market positioning, and overall business success. Businesses prioritizing these aspects are more likely to attract and retain top talent, appeal to increasingly conscious consumers, and stay ahead in a competitive market.

In today's business landscape, ESG, sustainability, and green computing are no longer optional – they are essential. The businesses that embrace these concepts will be well-positioned to thrive in a rapidly changing, globally connected world while contributing positively to the society and environment in which they operate. The challenge is significant, but the benefits – for businesses, their stakeholders, and the planet – make pursuing these goals a clear business imperative.

Addressing Objections to ESG and Green Computing

Despite the many advantages and business benefits of ESG programs and green computing, there are still objections and hesitations. Some argue that these initiatives add complexity and cost, and distract from core business objectives. Others express concerns about the maturity of green computing technologies or the lack of standardization in ESG measurements and reporting.

However, these objections often overlook the long-term business benefits that these initiatives can bring. Investing in ESG and green computing is not just about doing what's suitable for the environment but also about creating resilient, future-proof businesses. In an increasingly global and interconnected world, companies are expected to take responsibility for their environmental impact. Ignoring these expectations can lead to significant risks, including regulatory penalties, reputational damage, and loss of trust among consumers and investors.

The perceived challenges and costs associated with implementing ESG programs and green computing initiatives can be managed with strategic planning, stakeholder engagement, and continuous learning and improvement. Many companies have successfully integrated these concepts into their business models and operations and have reaped substantial cost savings, improved stakeholder relationships, enhanced brand reputation, and competitive advantage.

The Future of Business: ESG and Green Computing

ESG, sustainability, and green computing have become integral to business success, and they offer companies opportunities to innovate, differentiate themselves, and stay ahead in a rapidly evolving market. As stakeholder expectations continue rising and regulatory pressures intensify, businesses cannot afford to overlook these concepts.

The future of business lies in companies' ability to balance economic growth with environmental sustainability and social responsibility. The transition may not be easy, but the benefits are clear. It's time for business leaders to embrace ESG, sustainability, and green computing, not just as a 'nice-to-have' but as a strategic necessity in today's business world.

The Cost of Doing Nothing

In an era where corporate responsibility, environmental sustainability, and social impact are non-negotiable, ESG programs are no longer a luxury but obligatory. Ignoring the principles of Environmental, Social, and Governance can invite a myriad of risks - reputational, regulatory, investment, operational, competitive, market access, long-term sustainability, and employee attraction and retention risk.

Reputational Risk: In an era where consumers are increasingly aware of and concerned about sustainability issues, businesses that do not prioritize ESG may suffer reputational damage, directly impacting customer loyalty and sales.
Regulatory Risk: Governments worldwide are tightening environmental protection, social responsibility, and corporate governance regulations. Companies not adhering to these rules risk legal sanctions, fines, and increased scrutiny.
Investment Risk: Investors increasingly consider ESG factors in their investment decisions. Companies that do not implement ESG programs may find it more challenging to attract investment, which could limit their growth and financial stability.
Operational Risk: Ignoring ESG principles can lead to inefficiencies and increased costs in the long run. For example, not addressing environmental concerns can result in higher energy costs or waste management expenses.
Competitive Risk: As more businesses incorporate ESG principles, those that do not may be at a competitive disadvantage. ESG programs can lead to innovation, improved efficiency, and a stronger brand - all of which can give a company a competitive edge.
Market Access Risk: Some markets, customers, and partners now demand ESG compliance as a condition of doing business. Companies not embracing ESG could be excluded from such opportunities.
Long-term Sustainability Risk: ESG programs often align with the long-term sustainability of a company. Ignoring these factors could jeopardize a company's long-term viability, as resources could become scarcer, regulatory pressures could increase, and consumer preferences could shift towards sustainable products and services.
Employee Attraction and Retention Risk: ESG programs often contribute to a positive company culture and are increasingly important to current and prospective employees. Companies that do not prioritize ESG may struggle to attract and retain top talent.

Implementing ESG programs is not only a strategic move to mitigate the risks mentioned above but also a wise investment in the future. ESG principles encourage businesses to look beyond immediate profits, fostering sustainable growth, innovative thinking, operational efficiency, and long-term success. It's a journey of transforming challenges into opportunities and embedding sustainable practices into the DNA of a business, ultimately securing a thriving future in a rapidly changing world. Applying ESG principles is not just about being a better corporate citizen but also a better business.

Post Script: ESG, Green Computing, and the UN 2030 Agenda for Sustainable Development

The United Nations' 2030 Agenda for Sustainable Development, adopted by all UN Member States in 2015, provides a shared blueprint for peace and prosperity for people and the planet, now and into the future. At its heart are 17 Sustainable Development Goals (SDGs), which are an urgent call for action by all developed and developing countries in a global partnership.

Environmental, Social, and Governance (ESG) criteria align closely with these SDGs, making ESG a robust framework for businesses seeking to contribute to the 2030 Agenda. Green computing also contributes to several of the SDGs set out by the UN in the following ways:

Affordable and Clean Energy (SDG 7): Green computing can contribute to energy efficiency by reducing the energy consumption of IT systems. This could involve using energy-efficient hardware, optimizing software to use less processing power, or implementing server virtualization.
Industry, Innovation, and Infrastructure (SDG 9): Green computing promotes innovation in IT infrastructure. This can include the development of energy-efficient data centers, using renewable energy sources for IT operations, and creating new, more energy-efficient technologies and systems.
Responsible Consumption and Production (SDG 12): Green computing supports sustainable management and efficient use of resources in the IT sector. This could involve extending the life of IT equipment, promoting recycling and safe disposal of electronic waste, and encouraging the use of environmentally friendly materials in IT manufacturing.
Climate Action (SDG 13): By reducing energy consumption and greenhouse gas emissions associated with IT systems, green computing can contribute to efforts to combat climate change.
Life Below Water (SDG 14) and Life on Land (SDG 15): By promoting the safe disposal and recycling of electronic waste, green computing can help reduce pollution and protect ecosystems on land and in the oceans.

It's worth noting that while green computing can play a significant role in advancing these SDGs, achieving these goals will require a comprehensive and integrated approach involving action across a wide range of sectors and issues. Green computing should be part of a broader commitment to sustainability that includes social, economic, and other environmental considerations.

*Assisted by GAI and LLM Technologies

Article References

The 17 goals | sustainable development (no date) United Nations. United Nations. Available at: https://sdgs.un.org/goals (Accessed: May 5, 2023).
McCalla-Leacy, J., Shulman, J. and Threlfall, R. (no date) Big shifts, small steps, KPMG. Available at: https://kpmg.com/xx/en/home/insights/2022/09/survey-of-sustainability-reporting-2022.html (Accessed: May 5, 2023).
Pérez, L. et al. (2022) Does ESG really matter-and why?, McKinsey & Company. McKinsey & Company. Available at: https://www.mckinsey.com/capabilities/sustainability/our-insights/does-esg-really-matter-and-why (Accessed: May 5, 2023).
Pérez, L. et al. (2022) How to make ESG real, McKinsey & Company. McKinsey & Company. Available at: https://www.mckinsey.com/capabilities/sustainability/our-insights/how-to-make-esg-real (Accessed: May 5, 2023).
Robinson, R. (2023) A Greener Ediscovery? exploring sustainability in software development, ComplexDiscovery. Available at: https://complexdiscovery.com/a-greener-ediscovery-exploring-sustainability-in-software-development/ (Accessed: May 5, 2023).
Saine, T. and Williams, T. (2020) What is a green field sales strategy?, Strategic Dynamics. Available at: https://strategicdynamicsfirm.com/what-is-a-green-field-sales-strategy/ (Accessed: May 5, 2023).
Sustainability in software development (no date) X-Road Academy - Sustainability in Software Development. Nordic Institute for Interoperability Solutions (NIIS). Available at: https://x-road.thinkific.com/courses/sustainability-in-software-development (Accessed: May 5, 2023).

Additional Reading

Source: ComplexDiscovery

Contact us today to submit recommendations for consideration and inclusion in ComplexDiscovery's data and legal discovery-centric service, product, or research announcements.

Industry Backgrounder

The Green Equation: How ESG and Green Computing May Boost the eDiscovery Bottom Line

ComplexDiscovery*

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Defining and Describing ESG

Environmental factors concern a company's environmental impact and role in climate change. They include things like energy use, waste management, pollution, natural resource conservation, and treatment of animals.
Social factors look at how a company manages relationships with employees, suppliers, customers, and the communities in which it operates. They can include worker health and safety, labor rights, diversity and inclusion, customer satisfaction, data protection and privacy, and community development.
Governance factors involve a company's leadership, executive pay, audits, internal controls, and shareholder rights. They can also include issues such as corruption, political lobbying, and legal compliance.

Risk Management: ESG factors can help identify and manage risks that are not immediately apparent through traditional financial analysis. For example, companies with strong environmental practices may be less exposed to a major environmental incident's financial and reputational damage.
Investor Interest: There is growing demand from investors for companies to demonstrate strong ESG performance. Investors increasingly recognize that ESG factors can significantly impact a company's financial performance and long-term viability.
Regulatory Compliance: Governments worldwide are introducing regulations requiring companies to disclose their ESG performance. Proactive companies in this area will likely be better prepared to meet these requirements.
Operational Efficiency: Many ESG factors, such as energy efficiency or waste reduction, can also help improve operational efficiency and reduce costs.
Reputation and Brand Value: Companies that perform well on ESG measures can enhance their reputation, increase customer loyalty, and potentially command a price premium for their products or services.
Employee Engagement: Companies with strong ESG credentials often find attracting and retaining top talent easier, leading to greater productivity and innovation.

Addressing and Assessing Green Computing

Competitive Advantage

Driving Innovation

Ensuring Compliance

Enhancing Brand Reputation

Long-term Business Success

From Green Coding to Green Resource Management

The Green Software Development Life Cycle

Measurement and Improvement

ESG, Sustainability, and Green Computing: Impact Beyond the Environment

Addressing Objections to ESG and Green Computing

The Future of Business: ESG and Green Computing

The Cost of Doing Nothing

Reputational Risk: In an era where consumers are increasingly aware of and concerned about sustainability issues, businesses that do not prioritize ESG may suffer reputational damage, directly impacting customer loyalty and sales.
Regulatory Risk: Governments worldwide are tightening environmental protection, social responsibility, and corporate governance regulations. Companies not adhering to these rules risk legal sanctions, fines, and increased scrutiny.
Investment Risk: Investors increasingly consider ESG factors in their investment decisions. Companies that do not implement ESG programs may find it more challenging to attract investment, which could limit their growth and financial stability.
Operational Risk: Ignoring ESG principles can lead to inefficiencies and increased costs in the long run. For example, not addressing environmental concerns can result in higher energy costs or waste management expenses.
Competitive Risk: As more businesses incorporate ESG principles, those that do not may be at a competitive disadvantage. ESG programs can lead to innovation, improved efficiency, and a stronger brand - all of which can give a company a competitive edge.
Market Access Risk: Some markets, customers, and partners now demand ESG compliance as a condition of doing business. Companies not embracing ESG could be excluded from such opportunities.
Long-term Sustainability Risk: ESG programs often align with the long-term sustainability of a company. Ignoring these factors could jeopardize a company's long-term viability, as resources could become scarcer, regulatory pressures could increase, and consumer preferences could shift towards sustainable products and services.
Employee Attraction and Retention Risk: ESG programs often contribute to a positive company culture and are increasingly important to current and prospective employees. Companies that do not prioritize ESG may struggle to attract and retain top talent.

Post Script: ESG, Green Computing, and the UN 2030 Agenda for Sustainable Development

Affordable and Clean Energy (SDG 7): Green computing can contribute to energy efficiency by reducing the energy consumption of IT systems. This could involve using energy-efficient hardware, optimizing software to use less processing power, or implementing server virtualization.
Industry, Innovation, and Infrastructure (SDG 9): Green computing promotes innovation in IT infrastructure. This can include the development of energy-efficient data centers, using renewable energy sources for IT operations, and creating new, more energy-efficient technologies and systems.
Responsible Consumption and Production (SDG 12): Green computing supports sustainable management and efficient use of resources in the IT sector. This could involve extending the life of IT equipment, promoting recycling and safe disposal of electronic waste, and encouraging the use of environmentally friendly materials in IT manufacturing.
Climate Action (SDG 13): By reducing energy consumption and greenhouse gas emissions associated with IT systems, green computing can contribute to efforts to combat climate change.
Life Below Water (SDG 14) and Life on Land (SDG 15): By promoting the safe disposal and recycling of electronic waste, green computing can help reduce pollution and protect ecosystems on land and in the oceans.

*Assisted by GAI and LLM Technologies

Article References

The 17 goals | sustainable development (no date) United Nations. United Nations. Available at: https://sdgs.un.org/goals (Accessed: May 5, 2023).
McCalla-Leacy, J., Shulman, J. and Threlfall, R. (no date) Big shifts, small steps, KPMG. Available at: https://kpmg.com/xx/en/home/insights/2022/09/survey-of-sustainability-reporting-2022.html (Accessed: May 5, 2023).
Pérez, L. et al. (2022) Does ESG really matter-and why?, McKinsey & Company. McKinsey & Company. Available at: https://www.mckinsey.com/capabilities/sustainability/our-insights/does-esg-really-matter-and-why (Accessed: May 5, 2023).
Pérez, L. et al. (2022) How to make ESG real, McKinsey & Company. McKinsey & Company. Available at: https://www.mckinsey.com/capabilities/sustainability/our-insights/how-to-make-esg-real (Accessed: May 5, 2023).
Robinson, R. (2023) A Greener Ediscovery? exploring sustainability in software development, ComplexDiscovery. Available at: https://complexdiscovery.com/a-greener-ediscovery-exploring-sustainability-in-software-development/ (Accessed: May 5, 2023).
Saine, T. and Williams, T. (2020) What is a green field sales strategy?, Strategic Dynamics. Available at: https://strategicdynamicsfirm.com/what-is-a-green-field-sales-strategy/ (Accessed: May 5, 2023).
Sustainability in software development (no date) X-Road Academy - Sustainability in Software Development. Nordic Institute for Interoperability Solutions (NIIS). Available at: https://x-road.thinkific.com/courses/sustainability-in-software-development (Accessed: May 5, 2023).

Additional Reading

Source: ComplexDiscovery

The Green Equation: How ESG and Green Computing May Boost the eDiscovery Bottom Line

In today’s business landscape, ESG, sustainability, and green computing are no longer optional – they are essential. The businesses that embrace these concepts will be well-positioned to thrive in a rapidly changing, globally connected world while contributing positively to the society and environment in which they operate. The challenge is significant, but the benefits – for businesses, their stakeholders, and the planet – make pursuing these goals a clear business imperative. Read More about “The Green Equation: How ESG and Green Computing May Boost the eDiscovery Bottom Line”…

Editor's Note: From estimated market size to projected market growth, the eDiscovery Market Size Mashup for 2022-2027 provides information and insight into the worldwide eDiscovery software and services market through research and modeling based on publicly available and privately shared research, reports, and representations. Initiated in 2012 and published annually, ComplexDiscovery market size mashups may be helpful for cybersecurity, information governance, and legal discovery professionals as they consider market challenges and opportunities for eDiscovery software and services through the lens of market size and growth rates.

To submit recommendations for consideration in ComplexDiscovery research, contact us today.

Industry Research

2022 - 2027 Worldwide eDiscovery Software and Services Overview

Market Overview Taken from a combination of public market sizing estimations* as shared in leading electronic discovery publications, posts, data points, and discussions, the following eDiscovery Market Size Mashup** shares general market sizing estimates for the software and services area of the electronic discovery market for the years between 2022 and 2027. The mashup charts (Figures 1-8) represent one interpretation of aggregated and modeled publicly available information that focuses on eDiscovery market trends, size, growth, and segmentation. Figure 1 - eDiscovery Software and Services Market [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Software-and-Services-Market-2022-2027.pdf" title="eDiscovery Software and Services Market (2022-2027)"]

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Figure 2 - eDiscovery Software Market [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Software-Market-2022-2027.pdf" title="eDiscovery Software Market (2022-2027)"]

Figure 3 - eDiscovery Cloud Software Market [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Cloud-Software-Market-2022-2027.pdf" title="eDiscovery Cloud Software Market (2022-2027)"]

Figure 4 - eDiscovery Services Market [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Services-Market-2022-2027.pdf" title="eDiscovery Services Market (2022-2027)"]

Figure 5 - eDiscovery Market Overview by Geography [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Market-Geographical-Overview-2022-2027.pdf" title="eDiscovery Market Geographical Overview (2022-2027)"]

Figure 6 - eDiscovery Market Overview by Government/Non-Government Markets [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Government-and-Non-Government-Market-Overview-2022-2027.pdf" title="eDiscovery Government and Non-Government Market Overview (2022-2027)"]

Figure 7 - eDiscovery Market Overview by Task [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Market-By-Task-2022-2027.pdf" title="eDiscovery Market By Task (2022-2027)"]

Figure 8 - [Lagniappe] eDiscovery Market Sizing: Past and Projected [pdf-embedder url="https://complexdiscovery.com/wp-content/uploads/2022/11/eDiscovery-Market-Sizing-Past-and-Projected-2022-Update.pdf" title="eDiscovery Market Sizing - Past and Projected - 2022 - Update"]

Segment Estimates Specific estimates based on the aggregation of forecasts are provided below for general eDiscovery market segments. eDiscovery Software and Services Market Size (Figures 1, 2, 3, and 4)

After experiencing a market retraction due to the worldwide pandemic, a resurgence and acceleration of spending occurred in 2022. This resurgence and acceleration resulted in estimated spending for worldwide eDiscovery software and services of approximately $14.05B for 2022.
The combined eDiscovery software and services market spending is estimated at approximately $14.05B in 2022 and is estimated to grow at a CAGR of approximately 9.69% to $22.31B in 2027.
eDiscovery software market spending is estimated at approximately $4.78B in 2022 (34% of the total market) and is estimated to grow at a CAGR of approximately 12.72% to $8.70B in 2027 (39% of the total market).
eDiscovery services market spending is estimated at approximately $9.27B in 2022 (66% of the total market) and estimated to grow at a CAGR of approximately 7.98% to $13.61B (61% of the total market) in 2027.

On and Off-Premise Software Market Size (Figures 2 and 3)

On-Premise software spending is estimated to be approximately 45% of worldwide eDiscovery software spending in 2022, with that number decreasing to approximately 27% by 2027. While the percentage of spending is decreasing over time, the actual dollar amount of spending is estimated to continue to grow slowly through 2027, with spending ranging from $2.15B in 2022 to $2.35B in 2027.
Off-Premise software spending is estimated at approximately 55% ($2.63B) of worldwide eDiscovery software spending in 2022, with that percentage increasing to approximately 73% by 2027 and representing dollar spending estimated at $6.35B in 2027.
Cloud software spending (off-premise) for Software as a Service (SaaS) is estimated at approximately $1.79B in 2022, growing to $4.19B in 2027.
Cloud software spending (off-premise) for Platform as a Service (PaaS) is estimated at approximately $0.37B in 2022, growing to $1.02B in 2027.
Cloud software spending (off-premise) for Infrastructure as a Service (IaaS) is estimated at approximately $0.47B in 2022, growing to $1.14B in 2027.

Geographical Market Size (Figure 5)

The U.S. is estimated to account for approximately 62% of worldwide eDiscovery software and services spending in 2022, with that percentage decreasing to approximately 57% by 2027. While the percentage of spending is decreasing over time, the actual dollar spend is estimated to increase based on overall worldwide software and services market growth, growing from $8.71B in 2022 to $12.72B in 2027.
The rest of the world (ROW) outside of the U.S. is estimated to constitute approximately 38% ($5.34B) of worldwide eDiscovery software and services spending in 2022, with that number increasing to approximately 43% by 2027 and representing a dollar spend estimated at $9.59B in 2027.

Government and Non-Government Market Size (Figure 6)

Governmental and Regulatory spending on eDiscovery (audits, investigations, and litigation) is estimated to constitute approximately 45% of worldwide eDiscovery software and services spending in 2022, with that number decreasing to approximately 41% by 2027. While the percentage of spending is decreasing over time, the actual dollar spend is estimated to increase based on overall software and services market growth, growing from $6.32B in 2022 to 9.15B in 2027.
Non-Governmental spending on eDiscovery is estimated to constitute approximately 55% ($7.73B) of worldwide eDiscovery software and services spending in 2022, with that number increasing to approximately 59% ($13.16B) by 2027.

Estimated Spending By Task (Figure 7)

Spending on review-related software and services is estimated to constitute approximately 66% of worldwide eDiscovery software and services spending in 2022, with that number decreasing to approximately 61% by 2027. While the percentage of spending is decreasing over time, the actual dollar spend is estimated to increase based on overall software and services market growth, growing from $9.27B in 2022 to $13.61B by 2027.
Spending on processing-related software and services is estimated to continue to constitute approximately 19% ($2.67B) of worldwide eDiscovery software and services spending in 2022, with that percentage growing slowly to an estimated at 20% through 2027, when it will constitute $4.46B of spending.
Spending on collection-related software and services is estimated to constitute approximately 15% ($2.11B) of worldwide eDiscovery software and services spending in 2022, with that number increasing to approximately 19% ($4.24B) by 2027.

[Lagniappe] eDiscovery Market Sizing: Past and Projected (Figure 8)

In 2012, the combined eDiscovery services and software market was estimated to be $4.73B.
eDiscovery services and software combined spending in the last full pre-COVID calendar year (2019) was estimated to be $11.23B.
The eDiscovery services and software market is expected to grow to approximately $22.31B in 2027, a growth of $17.58B between 2012 and 2027. If estimates are accurate, at the end of 2027, a total of approximately $192B will have been spent on eDiscovery software and services worldwide between the start of 2012 and the end of 2027.

*Market Size Sources Sources for eDiscovery market sizing estimations and recent adjustments have been aggregated since the initial eDiscovery Market Size Mashup published in 2012 and are included in a model that is used to develop annual eDiscovery market size mashups. These sources include but are not limited to publicly available content (including abstracts, excerpts, quotes, references, and data points) from the following sources.

ComplexDiscovery. 2022 eDiscovery Business Confidence Surveys. (Running Listing). November 2022.
Selected Industry eDiscovery Providers (Discussions), 2022. eDiscovery Market Trends and Trajectories. November 2022.
U.S. Bureau of Economic Analysis (Department of Commerce), 2022. Gross Domestic Product (Advance Estimate), Third Quarter 2022. October 27, 2022.
Research and Markets. eDiscovery Market Research Report by Deployment, Component, Verticals, Region, Global Forecast to 2027 - Cumulative Impact of COVID-19. 360iReseearch, October 2022.
Gartner. Market Guide for E-Discovery Solutions. Michael Hoeck, October 2022.
IDC. IDC MarketScape: Worldwide Review Software 2022 Vendor Assessment. Ryan O’Leary, October 2022.
Allied Market Research. Global eDiscovery Market: Opportunities and Forecast 2021 - 2031. G Akansha, G Ankit, K Vineet. September 2022.
IDC. IDC MarketScape: Worldwide eDiscovery Early Case Assessment Software 2022 Vendor Assessment. Ryan O’Leary, September 2022.
360 Market Updates. Global eDiscovery Industry Research Report - Competitive Landscape, Market Size, Regional Status, and Prospect. September 2022.
Houlihan Lokey. Legal Technology and Services Q3 Update. August 2022
Research and Markets. 2022. eDiscovery Market - Forecasts from 2021 to 2026. Knowledge Sourcing Intelligence LLP, December 2021.
ComplexDiscovery. Annual eDiscovery Market Size Mashups – 2012 – 2022. November 21, 2021.
Reports and Data. 2021. eDiscovery Market Size Expected to Reach USD 31.89 Billion at CAGR of 12.3%, By 2028. November 7, 2021.
ComplexDiscovery. 2021 eDiscovery Business Confidence Surveys. (Running Listing). November 2021.
Research and Markets. 2021. eDiscovery Market Research Report by Deployment, Component, Verticals, and Region - Global Forecast to 2026 - Cumulative Impact of COVID-19. October 2021.
U.S. Bureau of Economic Analysis (Department of Commerce), 2021. Gross Domestic Product (Advance Estimate), Corporate Profits, And GDP By Industry, Third Quarter 2021. October 28, 2021.
Nasdaq. 2021. LegalTechnology: Why the Legal Tech Boom is Just Getting Started. Casey Flaherty and Jae Um. October 11, 2021.
Research and Markets. 2021. eDiscovery Market Trends, Share, Size, Growth, Opportunity and Forecast 2021 - 2026. September 2021.
BMC. 2021. The State of SaaS in 2022: Growth Trends and Statistics. Laura Shriff and Chrissy Kidd. September 17, 2021.
EY. 2021. Top Five eDiscovery Trends in 2021. Harshavardhan Godugula. August 31, 2021.
Nuix. 2021. FY21 Financial Results Investor Presentation. August 31, 2021.
Securities and Exchange Commission. 2021. Form S-1 Statement for CS Disco, Inc. June 25, 2021.
ComplexDiscovery. 2021. Summer 2021 eDiscovery Pricing Survey Results. June 6, 2021.
eDiscovery Journal. 2021. A Different Perspective on eDiscovery Market Size. Greg Buckles. April 6, 2021.
Facts and Factors. 2021. Global Market Size and Share will Reach USD $24.12 Billion by 2026. February 10, 2021.
Market and Markets. 2021. eDiscovery Market worth $12.9B by 2025. January 2021.
Third-Party Market Studies (Independent Briefing). 2021. Industry Overview for eDiscovery Technology. May 2021.
Third-Party Market Studies (Independent Briefing). 2021. eDiscovery Sector Update. April 2021.
Securities and Exchange Commission. 2021. Form 10-K Statement for KLDiscovery, Inc. March 18, 2021.
ComplexDiscovery. Annual eDiscovery Market Size Mashups – 2012 – 2021. November 11, 2020.
American Medical Association. 2020. The Year Ahead—Exclusive Interview With Anthony Fauci, MD, NIAID Director. November 7, 2020.
U.S. Bureau of Economic Analysis (Department of Commerce), 2020. Gross Domestic Product (Advance Estimate), Corporate Profits, And GDP By Industry, Third Quarter 2020. October 29, 2020.
ComplexDiscovery. "Resetting the Baseline? eDiscovery Market Size Adjustments for 2020." October 26, 2020.
U.S. Bureau of Economic Analysis (Department of Commerce), 2020. Gross Domestic Product (Third Estimate), Corporate Profits (Revised), And GDP By Industry, Second Quarter 2020. September 30, 2020.
Selected Industry eDiscovery Analysts (Discussion), 2020. eDiscovery Market Forecasting. October 19, 2020.
ComplexDiscovery. “2020 eDiscovery Business Confidence Surveys. (Running Listing).” October 2020.
Industry eDiscovery Providers (Discussion), 2020. eDiscovery Market Forecasting. September 29, 2020.
IDC. “Worldwide eDiscovery Services Forecast, 2020-2024.” Ryan O’Leary. September 2020.
Selected Industry Investors (Discussion), 2020. eDiscovery Market Forecasting. September 15, 2020.
KL Discovery. "KL Discovery Inc. Announces Second Quarter Financial Results." KL Discovery. August 12, 2020.
IDC. “Worldwide eDiscovery Software Forecast, 2020-2024.” Ryan O’Leary. June 2020.
ComplexDiscovery. “Home or Away? New eDiscovery Market Sizing and Pricing Considerations.” June 15, 2020.
Mordor Intelligence. 2020. Global Digital Forensics Market, 2020–2025. May 2020.
ComplexDiscovery. “Summer 2020 eDiscovery Pricing Survey Results.” May 2020.
ComplexDiscovery. “Revisions and Decisions? New Considerations for eDiscovery Secure Remote Reviews.” May 4, 2020.
Selected Industry eDiscovery Providers (Discussion), 2020. eDiscovery Market Forecasting. May 1, 2020.
ComplexDiscovery. “2019 eDiscovery Business Confidence Surveys. (Running Listing).” November 2019.
Relativity Fest Panel. “State of the eDiscovery Union.” Panelist Ryan O’Leary (IDC). October 22, 2019.
IDC. “IDC Marketscape: Worldwide eDiscovery SaaS Review Software Assessment.” Ryan O’Leary. August 12, 2019.
Gartner, Inc. “Market Guide for E-Discovery Solutions.” Julian Tirsu, Michael Hoeck. June 27, 2019.
ComplexDiscovery. “Summer 2019 eDiscovery Pricing Survey Results.” June 2019.
KL Discovery. “Investor Presentation.” Pivotal, KL Discovery. May 2019.
Gartner, Inc. “Defining Your E-Discovery Process Will Lower Costs and Reduce Risks.” Julian Tirsu. March 29, 2019.
Georgetown Law Center for the Study of the Legal Profession and the Thomson Reuters Legal Executive Institute. “2019 Report on the State of the Legal Market.” January 2019.
ComplexDiscovery. “Winter 2019 eDiscovery Pricing Survey Results.” December 2018.
ComplexDiscovery. “2018 eDiscovery Business Confidence Surveys. (Running Listing).” November 2018.
FRONTEO. “Form 20-F (073118).” UBIC Annual Report for Foreign Investors. July 2018.
IDC. “Worldwide eDiscovery Software Forecast, 2018-2022.” Ryan O’Leary, Sean Pike. June 2018.
Markets and Markets. “eDiscovery Market by Component, Deployment Type, Organizational Size, Vertical, and Region – Global Forecast to 2023.” June 2018.
Georgetown Law Center for the Study of the Legal Profession and the Thomson Reuters Legal Executive Institute. “2018 Report on the State of the Legal Market.” January 2018.
Greentarget. “2018 Legal Industry Outlook.” January 2018.
Catalyst Investors. “Legal Tech Market Overview.” Kirk Mahoney. November 29, 2017.
Gartner, Inc. “Market Guide for E-Discovery Solutions.” Julian Tirsu, Garth Landers, Shane Harris. October 24, 2017.
P&S Market Research. “eDiscovery Market for Software and Services.” October 18, 2017.
ComplexDiscovery. eDiscovery Business Confidence Surveys – Running Listing. ComplexDiscovery. October 18, 2017.
Forbes. “Global Legal Tech Is Transforming Service Delivery.” Mark A. Cohen. August 29, 2017.
Aberdeen. “Key Strategies To Improve The Performance Of E-Discovery Teams.” Michael Caton. August 2017
IDC. “Worldwide eDiscovery Services Market Shares, 2016: Global Leaders Emerge Through Industry Consolidation.” Angela Gelnaw. June 2017.
ACG Partner. “Legal Tech: Seeded and Ready to Launch.”, Trevor Martin, Ben Howe, Jon Guido, Fred Joseph. April 2017.
IDC. “Marketscape: Worldwide eDiscovery Services 2017 Vendor Assessment.” Angela Gelnaw. March 2017.
ComplexDiscovery. Annual eDiscovery Market Size Mashups – 2012 – 2017, ComplexDiscovery, March 4, 2017.
Zion Market Research. “eDiscovery Market for Government, Regulatory Agencies, Enterprises, and Law Firms.” November 23, 2016.
Markets and Markets. “E-Discovery Market by Solution, Service, Deployment Type, and Vertical – Global Forecast to 2021.” November 2016.
Future Market Insights (FMI). “eDiscovery Market Analysis – Global Industry Analysis and Opportunity Assessment.” July 5, 2016.
IDC. “Worldwide eDiscovery Software Market Forecast, 2016-2020: Back to Basics.” Angela Gelnaw. June 30, 2016.
Gartner, Inc. “Market Guide for E-Discovery Solutions.” Jie Zhang. June 30, 2016.
U.S. Department of Commerce, International Trade Administration. “2016 Top Markets Report – Cloud Computing.” April 14, 2016.
IDC. “Worldwide eDiscovery Services Forecast 2014-2019.” Sean Pike, Angela Gelnaw. December 2015.
Gartner, Inc. “Critical Capabilities for E-Discovery Software.” Jie Zhang, Garth Landers. October 6, 2015.
Transparency Market Research. “eDiscovery Market – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2014-2022.” July 6, 2015
Markets and Markets. “E-Discovery Market By Solution, Deployment, Industry, & Region – Global Forecast to 2020.” July 2015.
Global Industry Analysts, Inc. “eDiscovery (Software and Services) Global Strategic Business Report.” May 28, 2015.
Gartner, Inc. “Magic Quadrant for E-Discovery Software.” Jie Zhang, Garth Landers. May 18, 2015.
The Radicati Group. “eDiscovery Market, 2014-2018.” Sara Radicati. December 3, 2014.
Transparency Market Research. “eDiscovery Market – Global Industry Analysis, Size, Share, Growth, Trends, and Forecast, 2014-2020).” June 2014.
Gartner, Inc. “Magic Quadrant for E-Discovery Software.” Jie Zhang, Debra Logan, Garth Landers. June 19, 2014.
IDC. “Worldwide eDiscovery Software 2014-2018 Forecast.” Sean Pike. May 2014.
The Radicati Group. “eDiscovery Market, 2013-2017.” Sara Radicati. August 2013.
Gartner, Inc. “Magic Quadrant for E-Discovery Software.” Debra Logan, Alan Dayley, Sheila Childs. June 10, 2013.
The Radicati Group. “eDiscovery Market, 2012-2016.” Sara Radicati, Todd Yamasaki. October 2012.
Transparency Market Research. “World e-Discovery Software & Service Market Study.” August 2012.
Rand Institute For Civil Justice. “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery.” Nicolas Pace and Laura Zakaras. April 2012.
IDC. “MarketScape: Worldwide Standalone Early Case Assessment Applications Vendor Analysis.” Vivian Tero. September 19, 2011.
Industry Observer Estimations (Multiple Observers)

Additional Reading

**What is a Mashup? A mashup is a combination or mixing of content from different sources to create a new way of looking at data. The main characteristic of a mashup includes combinations, visualizations, and aggregation. Mashups can help make existing data more useful, moreover for personal and professional use. (Wikipedia) Source: ComplexDiscovery

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Industry Research

2022 - 2027 Worldwide eDiscovery Software and Services Overview

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After experiencing a market retraction due to the worldwide pandemic, a resurgence and acceleration of spending occurred in 2022. This resurgence and acceleration resulted in estimated spending for worldwide eDiscovery software and services of approximately $14.05B for 2022.
The combined eDiscovery software and services market spending is estimated at approximately $14.05B in 2022 and is estimated to grow at a CAGR of approximately 9.69% to $22.31B in 2027.
eDiscovery software market spending is estimated at approximately $4.78B in 2022 (34% of the total market) and is estimated to grow at a CAGR of approximately 12.72% to $8.70B in 2027 (39% of the total market).
eDiscovery services market spending is estimated at approximately $9.27B in 2022 (66% of the total market) and estimated to grow at a CAGR of approximately 7.98% to $13.61B (61% of the total market) in 2027.

On and Off-Premise Software Market Size (Figures 2 and 3)

On-Premise software spending is estimated to be approximately 45% of worldwide eDiscovery software spending in 2022, with that number decreasing to approximately 27% by 2027. While the percentage of spending is decreasing over time, the actual dollar amount of spending is estimated to continue to grow slowly through 2027, with spending ranging from $2.15B in 2022 to $2.35B in 2027.
Off-Premise software spending is estimated at approximately 55% ($2.63B) of worldwide eDiscovery software spending in 2022, with that percentage increasing to approximately 73% by 2027 and representing dollar spending estimated at $6.35B in 2027.
Cloud software spending (off-premise) for Software as a Service (SaaS) is estimated at approximately $1.79B in 2022, growing to $4.19B in 2027.
Cloud software spending (off-premise) for Platform as a Service (PaaS) is estimated at approximately $0.37B in 2022, growing to $1.02B in 2027.
Cloud software spending (off-premise) for Infrastructure as a Service (IaaS) is estimated at approximately $0.47B in 2022, growing to $1.14B in 2027.

Geographical Market Size (Figure 5)

The U.S. is estimated to account for approximately 62% of worldwide eDiscovery software and services spending in 2022, with that percentage decreasing to approximately 57% by 2027. While the percentage of spending is decreasing over time, the actual dollar spend is estimated to increase based on overall worldwide software and services market growth, growing from $8.71B in 2022 to $12.72B in 2027.
The rest of the world (ROW) outside of the U.S. is estimated to constitute approximately 38% ($5.34B) of worldwide eDiscovery software and services spending in 2022, with that number increasing to approximately 43% by 2027 and representing a dollar spend estimated at $9.59B in 2027.

Government and Non-Government Market Size (Figure 6)

Governmental and Regulatory spending on eDiscovery (audits, investigations, and litigation) is estimated to constitute approximately 45% of worldwide eDiscovery software and services spending in 2022, with that number decreasing to approximately 41% by 2027. While the percentage of spending is decreasing over time, the actual dollar spend is estimated to increase based on overall software and services market growth, growing from $6.32B in 2022 to 9.15B in 2027.
Non-Governmental spending on eDiscovery is estimated to constitute approximately 55% ($7.73B) of worldwide eDiscovery software and services spending in 2022, with that number increasing to approximately 59% ($13.16B) by 2027.

Estimated Spending By Task (Figure 7)

Spending on review-related software and services is estimated to constitute approximately 66% of worldwide eDiscovery software and services spending in 2022, with that number decreasing to approximately 61% by 2027. While the percentage of spending is decreasing over time, the actual dollar spend is estimated to increase based on overall software and services market growth, growing from $9.27B in 2022 to $13.61B by 2027.
Spending on processing-related software and services is estimated to continue to constitute approximately 19% ($2.67B) of worldwide eDiscovery software and services spending in 2022, with that percentage growing slowly to an estimated at 20% through 2027, when it will constitute $4.46B of spending.
Spending on collection-related software and services is estimated to constitute approximately 15% ($2.11B) of worldwide eDiscovery software and services spending in 2022, with that number increasing to approximately 19% ($4.24B) by 2027.

[Lagniappe] eDiscovery Market Sizing: Past and Projected (Figure 8)

In 2012, the combined eDiscovery services and software market was estimated to be $4.73B.
eDiscovery services and software combined spending in the last full pre-COVID calendar year (2019) was estimated to be $11.23B.
The eDiscovery services and software market is expected to grow to approximately $22.31B in 2027, a growth of $17.58B between 2012 and 2027. If estimates are accurate, at the end of 2027, a total of approximately $192B will have been spent on eDiscovery software and services worldwide between the start of 2012 and the end of 2027.

ComplexDiscovery. 2022 eDiscovery Business Confidence Surveys. (Running Listing). November 2022.
Selected Industry eDiscovery Providers (Discussions), 2022. eDiscovery Market Trends and Trajectories. November 2022.
U.S. Bureau of Economic Analysis (Department of Commerce), 2022. Gross Domestic Product (Advance Estimate), Third Quarter 2022. October 27, 2022.
Research and Markets. eDiscovery Market Research Report by Deployment, Component, Verticals, Region, Global Forecast to 2027 - Cumulative Impact of COVID-19. 360iReseearch, October 2022.
Gartner. Market Guide for E-Discovery Solutions. Michael Hoeck, October 2022.
IDC. IDC MarketScape: Worldwide Review Software 2022 Vendor Assessment. Ryan O’Leary, October 2022.
Allied Market Research. Global eDiscovery Market: Opportunities and Forecast 2021 - 2031. G Akansha, G Ankit, K Vineet. September 2022.
IDC. IDC MarketScape: Worldwide eDiscovery Early Case Assessment Software 2022 Vendor Assessment. Ryan O’Leary, September 2022.
360 Market Updates. Global eDiscovery Industry Research Report - Competitive Landscape, Market Size, Regional Status, and Prospect. September 2022.
Houlihan Lokey. Legal Technology and Services Q3 Update. August 2022
Research and Markets. 2022. eDiscovery Market - Forecasts from 2021 to 2026. Knowledge Sourcing Intelligence LLP, December 2021.
ComplexDiscovery. Annual eDiscovery Market Size Mashups – 2012 – 2022. November 21, 2021.
Reports and Data. 2021. eDiscovery Market Size Expected to Reach USD 31.89 Billion at CAGR of 12.3%, By 2028. November 7, 2021.
ComplexDiscovery. 2021 eDiscovery Business Confidence Surveys. (Running Listing). November 2021.
Research and Markets. 2021. eDiscovery Market Research Report by Deployment, Component, Verticals, and Region - Global Forecast to 2026 - Cumulative Impact of COVID-19. October 2021.
U.S. Bureau of Economic Analysis (Department of Commerce), 2021. Gross Domestic Product (Advance Estimate), Corporate Profits, And GDP By Industry, Third Quarter 2021. October 28, 2021.
Nasdaq. 2021. LegalTechnology: Why the Legal Tech Boom is Just Getting Started. Casey Flaherty and Jae Um. October 11, 2021.
Research and Markets. 2021. eDiscovery Market Trends, Share, Size, Growth, Opportunity and Forecast 2021 - 2026. September 2021.
BMC. 2021. The State of SaaS in 2022: Growth Trends and Statistics. Laura Shriff and Chrissy Kidd. September 17, 2021.
EY. 2021. Top Five eDiscovery Trends in 2021. Harshavardhan Godugula. August 31, 2021.
Nuix. 2021. FY21 Financial Results Investor Presentation. August 31, 2021.
Securities and Exchange Commission. 2021. Form S-1 Statement for CS Disco, Inc. June 25, 2021.
ComplexDiscovery. 2021. Summer 2021 eDiscovery Pricing Survey Results. June 6, 2021.
eDiscovery Journal. 2021. A Different Perspective on eDiscovery Market Size. Greg Buckles. April 6, 2021.
Facts and Factors. 2021. Global Market Size and Share will Reach USD $24.12 Billion by 2026. February 10, 2021.
Market and Markets. 2021. eDiscovery Market worth $12.9B by 2025. January 2021.
Third-Party Market Studies (Independent Briefing). 2021. Industry Overview for eDiscovery Technology. May 2021.
Third-Party Market Studies (Independent Briefing). 2021. eDiscovery Sector Update. April 2021.
Securities and Exchange Commission. 2021. Form 10-K Statement for KLDiscovery, Inc. March 18, 2021.
ComplexDiscovery. Annual eDiscovery Market Size Mashups – 2012 – 2021. November 11, 2020.
American Medical Association. 2020. The Year Ahead—Exclusive Interview With Anthony Fauci, MD, NIAID Director. November 7, 2020.
U.S. Bureau of Economic Analysis (Department of Commerce), 2020. Gross Domestic Product (Advance Estimate), Corporate Profits, And GDP By Industry, Third Quarter 2020. October 29, 2020.
ComplexDiscovery. "Resetting the Baseline? eDiscovery Market Size Adjustments for 2020." October 26, 2020.
U.S. Bureau of Economic Analysis (Department of Commerce), 2020. Gross Domestic Product (Third Estimate), Corporate Profits (Revised), And GDP By Industry, Second Quarter 2020. September 30, 2020.
Selected Industry eDiscovery Analysts (Discussion), 2020. eDiscovery Market Forecasting. October 19, 2020.
ComplexDiscovery. “2020 eDiscovery Business Confidence Surveys. (Running Listing).” October 2020.
Industry eDiscovery Providers (Discussion), 2020. eDiscovery Market Forecasting. September 29, 2020.
IDC. “Worldwide eDiscovery Services Forecast, 2020-2024.” Ryan O’Leary. September 2020.
Selected Industry Investors (Discussion), 2020. eDiscovery Market Forecasting. September 15, 2020.
KL Discovery. "KL Discovery Inc. Announces Second Quarter Financial Results." KL Discovery. August 12, 2020.
IDC. “Worldwide eDiscovery Software Forecast, 2020-2024.” Ryan O’Leary. June 2020.
ComplexDiscovery. “Home or Away? New eDiscovery Market Sizing and Pricing Considerations.” June 15, 2020.
Mordor Intelligence. 2020. Global Digital Forensics Market, 2020–2025. May 2020.
ComplexDiscovery. “Summer 2020 eDiscovery Pricing Survey Results.” May 2020.
ComplexDiscovery. “Revisions and Decisions? New Considerations for eDiscovery Secure Remote Reviews.” May 4, 2020.
Selected Industry eDiscovery Providers (Discussion), 2020. eDiscovery Market Forecasting. May 1, 2020.
ComplexDiscovery. “2019 eDiscovery Business Confidence Surveys. (Running Listing).” November 2019.
Relativity Fest Panel. “State of the eDiscovery Union.” Panelist Ryan O’Leary (IDC). October 22, 2019.
IDC. “IDC Marketscape: Worldwide eDiscovery SaaS Review Software Assessment.” Ryan O’Leary. August 12, 2019.
Gartner, Inc. “Market Guide for E-Discovery Solutions.” Julian Tirsu, Michael Hoeck. June 27, 2019.
ComplexDiscovery. “Summer 2019 eDiscovery Pricing Survey Results.” June 2019.
KL Discovery. “Investor Presentation.” Pivotal, KL Discovery. May 2019.
Gartner, Inc. “Defining Your E-Discovery Process Will Lower Costs and Reduce Risks.” Julian Tirsu. March 29, 2019.
Georgetown Law Center for the Study of the Legal Profession and the Thomson Reuters Legal Executive Institute. “2019 Report on the State of the Legal Market.” January 2019.
ComplexDiscovery. “Winter 2019 eDiscovery Pricing Survey Results.” December 2018.
ComplexDiscovery. “2018 eDiscovery Business Confidence Surveys. (Running Listing).” November 2018.
FRONTEO. “Form 20-F (073118).” UBIC Annual Report for Foreign Investors. July 2018.
IDC. “Worldwide eDiscovery Software Forecast, 2018-2022.” Ryan O’Leary, Sean Pike. June 2018.
Markets and Markets. “eDiscovery Market by Component, Deployment Type, Organizational Size, Vertical, and Region – Global Forecast to 2023.” June 2018.
Georgetown Law Center for the Study of the Legal Profession and the Thomson Reuters Legal Executive Institute. “2018 Report on the State of the Legal Market.” January 2018.
Greentarget. “2018 Legal Industry Outlook.” January 2018.
Catalyst Investors. “Legal Tech Market Overview.” Kirk Mahoney. November 29, 2017.
Gartner, Inc. “Market Guide for E-Discovery Solutions.” Julian Tirsu, Garth Landers, Shane Harris. October 24, 2017.
P&S Market Research. “eDiscovery Market for Software and Services.” October 18, 2017.
ComplexDiscovery. eDiscovery Business Confidence Surveys – Running Listing. ComplexDiscovery. October 18, 2017.
Forbes. “Global Legal Tech Is Transforming Service Delivery.” Mark A. Cohen. August 29, 2017.
Aberdeen. “Key Strategies To Improve The Performance Of E-Discovery Teams.” Michael Caton. August 2017
IDC. “Worldwide eDiscovery Services Market Shares, 2016: Global Leaders Emerge Through Industry Consolidation.” Angela Gelnaw. June 2017.
ACG Partner. “Legal Tech: Seeded and Ready to Launch.”, Trevor Martin, Ben Howe, Jon Guido, Fred Joseph. April 2017.
IDC. “Marketscape: Worldwide eDiscovery Services 2017 Vendor Assessment.” Angela Gelnaw. March 2017.
ComplexDiscovery. Annual eDiscovery Market Size Mashups – 2012 – 2017, ComplexDiscovery, March 4, 2017.
Zion Market Research. “eDiscovery Market for Government, Regulatory Agencies, Enterprises, and Law Firms.” November 23, 2016.
Markets and Markets. “E-Discovery Market by Solution, Service, Deployment Type, and Vertical – Global Forecast to 2021.” November 2016.
Future Market Insights (FMI). “eDiscovery Market Analysis – Global Industry Analysis and Opportunity Assessment.” July 5, 2016.
IDC. “Worldwide eDiscovery Software Market Forecast, 2016-2020: Back to Basics.” Angela Gelnaw. June 30, 2016.
Gartner, Inc. “Market Guide for E-Discovery Solutions.” Jie Zhang. June 30, 2016.
U.S. Department of Commerce, International Trade Administration. “2016 Top Markets Report – Cloud Computing.” April 14, 2016.
IDC. “Worldwide eDiscovery Services Forecast 2014-2019.” Sean Pike, Angela Gelnaw. December 2015.
Gartner, Inc. “Critical Capabilities for E-Discovery Software.” Jie Zhang, Garth Landers. October 6, 2015.
Transparency Market Research. “eDiscovery Market – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2014-2022.” July 6, 2015
Markets and Markets. “E-Discovery Market By Solution, Deployment, Industry, & Region – Global Forecast to 2020.” July 2015.
Global Industry Analysts, Inc. “eDiscovery (Software and Services) Global Strategic Business Report.” May 28, 2015.
Gartner, Inc. “Magic Quadrant for E-Discovery Software.” Jie Zhang, Garth Landers. May 18, 2015.
The Radicati Group. “eDiscovery Market, 2014-2018.” Sara Radicati. December 3, 2014.
Transparency Market Research. “eDiscovery Market – Global Industry Analysis, Size, Share, Growth, Trends, and Forecast, 2014-2020).” June 2014.
Gartner, Inc. “Magic Quadrant for E-Discovery Software.” Jie Zhang, Debra Logan, Garth Landers. June 19, 2014.
IDC. “Worldwide eDiscovery Software 2014-2018 Forecast.” Sean Pike. May 2014.
The Radicati Group. “eDiscovery Market, 2013-2017.” Sara Radicati. August 2013.
Gartner, Inc. “Magic Quadrant for E-Discovery Software.” Debra Logan, Alan Dayley, Sheila Childs. June 10, 2013.
The Radicati Group. “eDiscovery Market, 2012-2016.” Sara Radicati, Todd Yamasaki. October 2012.
Transparency Market Research. “World e-Discovery Software & Service Market Study.” August 2012.
Rand Institute For Civil Justice. “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery.” Nicolas Pace and Laura Zakaras. April 2012.
IDC. “MarketScape: Worldwide Standalone Early Case Assessment Applications Vendor Analysis.” Vivian Tero. September 19, 2011.
Industry Observer Estimations (Multiple Observers)

Additional Reading

An eDiscovery Market Size Mashup: 2022-2027 Worldwide Software and Services Overview

From retraction to resurgence and acceleration, the worldwide market for eDiscovery software and services is estimated to grow from $14.05B in 2022 to $22.31B in 2027 with a compound annual growth rate (CAGR) of 9.69% according to ComplexDiscovery’s annual market size mashup. This growth is spearheaded by eDiscovery software spending, which is estimated to grow at a CAGR of 12.72% to $8.70B in 2027. Making up the majority of the market spending in dollars, eDiscovery services spending is expected to grow at a CAGR of 7.98% to $13.61B in 2027. Read More about “An eDiscovery Market Size Mashup: 2022-2027 Worldwide Software and Services Overview”…

‘Too Many Daves’ in eDiscovery? How High-Velocity Online Sharing May Be Undermining Critical Thought in the Industry

The Dr. Seuss story “Too Many Daves” is about a family with too many children, all named Dave, and how it becomes difficult for the parents to keep track of and distinguish between them. Similarly, in the digital media realm of eDiscovery, there may be too many voices sharing non-substantive information, making it difficult for professionals to distinguish between valuable contributions and those that may be less meaningful. Read More about “‘Too Many Daves’ in eDiscovery? How High-Velocity Online Sharing May Be Undermining Critical Thought in the Industry”…

A Good Starting Place? 100+ eDiscovery Resources: An Abridged Overview

ComplexDiscovery has developed a sampling of over 100 key industry informational resources that may help cybersecurity, information governance, and legal discovery professionals stay informed. This non-exhaustive list is designed to serve as a trusted starting point for individuals seeking information related to eDiscovery. Read More about “A Good Starting Place? 100+ eDiscovery Resources: An Abridged Overview”…

An Abridged Look at the Business of eDiscovery: Mergers, Acquisitions, and Investments

From LexisNexis to Nextpoint and from acquisitions to investments, the abridged listing of eDiscovery merger, acquisition, and investment (M&A+I) events seeks to consolidate and highlight key eDiscovery-related investment events and corresponding event dates, company involvement, and known event investment amounts.
Read More about “An Abridged Look at the Business of eDiscovery: Mergers, Acquisitions, and Investments”…

The New Office Meeting? A Running Listing of eDiscovery Events in 2023

Based on research and tracking by ComplexDiscovery, this non-comprehensive planning list highlighting selected eDiscovery-related events, conferences, and meetings may benefit individuals and organizations in the eDiscovery ecosystem evaluating sponsorship, support, and attendance plans for 2023. Read More about “The New Office Meeting? A Running Listing of eDiscovery Events in 2023”…

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