
E-Discovery and Data Privacy
A Practical Guide
Kluwer Law International (Publisher)
1st Edition
Published on 23. November 2010
Book
Hardback
456 pages
978-90-411-3345-8 (ISBN)
Description
It is not unusual in corporate litigation for the outcome of a case to hinge on the discovery in court of electronically-stored information (ESI). Yet in most jurisdictions (notably among EU Member States) the withholding of such information is required by privacy laws or even laws specifically blocking the transfer of data for discovery purposes. Companies that ignore such laws may face severe sanctions. In the United States, however, discovery of ESI is often compulsory, and failure to comply can lead to contempt of court and losing the case. This book deals with the dilemma faced by multinational corporations when a United States court demands discovery of ESI that is protected in other countries. In fine detail the authors cover the full spectrum of possible responses, from evaluating the comparative cost of legal sanctions in a variety of major global jurisdictions to recognizing when to avoid litigation entirely. The tone throughout is eminently practical, specifying the precise nature and degree of risk involved and offering optimal solutions to all the conflicts likely to arise. On the theoretical side, the rationales of both the US e-discovery model and data privacy laws (focusing on the European data protection directive) are clearly explained. Specific jurisdictions covered include Austria, Belgium, Bulgaria, the Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Israel, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macau, Malaysia, the Netherlands, Norway, Poland, Portugal, Romania, Serbia, Singapore, Slovakia, Slovenia, Spain, Switzerland, Taiwan and United Kingdom.
More details
Language
English
Place of publication
Zuidpoolsingel
Netherlands
Target group
Professional and scholarly
Edition type
New edition
ISBN-13
978-90-411-3345-8 (9789041133458)
Schweitzer Classification
Other editions
Additional editions

E-Book
12/2010
Kluwer Law International
€237.99
Available for download

E-Book
12/2010
Kluwer Law International
€237.99
Available for download
Content
About the Editors. List of Contributors. Chapter 1 Introduction Chapter 2 US E-discovery Chapter 3 EU Data Privacy Regulations Chapter 4 Hague Convention on the Taking of Evidence Abroad Chapter 5.1 Austria Chapter 5.2 Belgium Chapter 5.3 Bulgaria Chapter 5.4 Czech Republic Chapter 5.5 Estonia Chapter 5.6 Finland Chapter 5.7 France Chapter 5.8 Germany Chapter 5.9 Greece Chapter 5.10 Hungary Chapter 5.11 Italy Chapter 5.12 Latvia Chapter 5.13 Liechtenstein Chapter 5.14 Lithuania Chapter 5.15 Luxembourg Chapter 5.16 The Netherlands Chapter 5.17 Norway Chapter 5.18 Poland Chapter 5.19 Portugal Chapter 5.20 Romania Chapter 5.21 Serbia Chapter 5.22 Slovakia Chapter 5.23 Slovenia Chapter 5.24 Spain Chapter 5.25 Switzerland Chapter 5.26 United Kingdom Chapter 6.1 Israel Chapter 6.2 Macau Chapter 6.3 Malaysia Chapter 6.4 Singapore Chapter 6.5 Taiwan