On 3 May, I took part in a panel organised by the Sedona Conference Working Group 6 on cross-border discovery and data protection laws.
The event, sponsored by Swiss Re and Consilio, was moderated by Monika Kuschewsky of Squire Patton Boggs, and the panel members were David Mayo of Deutsche Bank, Matthew Davis of Consilio, and Natascha Gerlach of Cleary Gottlieb as well as me.
Our task was to lead a discussion on the challenges posed by cross-border transfers of data and specifically on the likely impact of Brexit and the GDPR. Among other things, we mentioned the International Sedona Conference International Litigation Principles (Transitional Edition) published in January 2017, which is an update to the valuable 2011 International Principles. The word “transitional” reflects the uncertainties which inevitably arise in the run-up to Brexit and the GDPR.
By chance, the day of our panel was also the day on which the Sedona Conference published its International Investigations Principles Public Comment Version. These two documents (neither very long) should be on the reading list of anyone involved in cross-border discovery.
Part of our purpose was to find new members for WG6. The page Become a member – Joining the Working Group Series sets out the many benefits of membership (which is of all the Working Groups, not just WG6).
Our parallel ambition was to encourage anyone with an interest in cross-border discovery to attend the Ninth Annual Sedona Conference International Programme on Cross-Border Discovery and Data Protection Laws which takes place just outside Dublin on 20 and 21st June.
This is always a first-class event and one which, through its comprehensive set of relevant documents (available to all WG6 members whether attending the event or not) as well as through discussion, brings one up to date in an area which is changing very quickly. No one can accurately predict what developments will follow from Brexit and from the GDPR, but there are obvious benefits in being as informed as possible.
If you have any interest in this subject, please do apply to come to the Dublin event. If you can’t manage that, please consider joining the Sedona Conference Working Group Series.