Are you US based or global? If your company is based outside the borders of the good o’l US of A, you may think that eDiscovery isn’t as much of an issue, but you’re wrong. It’s wise not to make any quick assumptions when it comes to eDiscovery issues and technology even if you’re based out of the US. There have recently been a number of cases where the wrong assumptions have been made about cross border eDiscovery litigation, which have compounded risks and problems.
What does the FBI have to do with eDiscovery?
In a recent Bloomberg report, the FBI met up with some top law firms and produced a number of warnings and revelations on the issue. The principle problems with eDiscovery stem from cyber crime and corporate vulnerability. Law firms have had the facts laid out before them. Cyber criminals have many methods of accessing client data and law firms have had to re-examine eDiscovery policies following the new information.
The EU has also tightened up it’s laws, rules and regulations regarding eDiscovery. This includes transparency, issues and protection regardless of company location, the right to be “forgotten” online (data retention and deletion), and basic privacy rights.
When companies want to operate in the European space, they will have to take into account these new EU regulations. Most companies in the US have their email retention policies already in place but they could risk violating EU laws if they work in European countries, according to Bank of America discovery counsel Craig Cannon. It’s vital for US companies to address these issues or they risk violating EU law.
These new EU laws are sensitive. For example, you could breach them simply by having someone in Germany send you an email in the US. It can be tricky, so get in touch with some eDiscovery experts to help you define the right retention policies to satisfy the requirements of every jurisdiction.
Download our free white paper "The Jatheon Guide to eDiscovery" for more information on how to keep within the laws.