Last year, I interviewed Navigant Managing Director Jonathan Marshall about how Navigant dealt with the problems encountered when dealing with cross-border discovery on behalf of clients.
The Schrems decision and the invalidation of Safe Harbour, the pending Data Protection Regulation, the Microsoft Dublin case, and other developments, have had a profound effect on the way companies deal with data transfers in the ordinary course of business. I asked Jonathan Marshall if these developments made any difference to the manner in which cross-border eDiscovery should be managed.
Jonathan Marshall says that Navigant is always guided by local experts and by the client’s lawyers when required to help enable discovery across borders. Navigant is equipped to review data on site and, in discussion with clients, to help decide what data should be transferred if the lawyers so advise.
I asked Jonathan Marshall if he finds clients more receptive now to the idea that there is a problem to be addressed. IT departments, he says, do not necessarily recognise that there is a problem, but those responsible for legal and compliance matters are increasingly aware of the need to conduct a risk analysis where are the demands of a US court may conflict with local data protection and privacy restrictions. Navigant’s role is to provide the core information about data sources which feeds into that risk analysis.