While the collection, review and production of e-mails and other electronic documents have become routine for U.S. companies involved in civil litigation, internal investigations and various other legal matters, there is an increasing number of cases that involve foreign or multinational clients, and the collection and production of electronic documents from these clients can be anything but routine.
Clients with operations in the European Union pose a particular problem for electronic discovery because of the strict data privacy laws in most European jurisdictions, which regulate the processing of personal data and its export from the EU. These laws create a significant tension between a foreign or multinational company's obligations to produce documents for U.S. legal matters and its compliance with European law.
This is an evolving area of the law, and it is imperative that U.S. lawyers become familiar with the data privacy issue and work closely with their clients to address them before a single document gets reviewed.
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