Category Archives: EU

Sedona Conference programme on cross-border data transfers and data protection – Budapest 18-19 June

The Sedona Conference Working Group 6 is concerned with international electronic information management, discovery and disclosure. Its primary concern is organisations which are subject to litigation and regulation in multiple jurisdictions with potentially conflicting international laws. WG6 is a global … Continue reading

Posted in Cross-border eDiscovery, Discovery, eDiscovery, EU, GDPR, Sedona Conference | Leave a comment

GDPR: WP 253 guidelines on the application and setting of fines

As a moderator of GDPR panels, I sometimes ask the audience what is the first thing which comes to mind when they come across the letters “GDPR”; every time it is the bloody fines. There has been no particular focus … Continue reading

Posted in Data privacy, Data Protection, EU, GDPR | Leave a comment

Interview: Patrick Burke talks about growing corporate awareness of GDPR implications

There is a lot in here – preparations for the GDPR, the growing realisation of the implications of holding the data of other organisations, contractual certifications of GDPR compliance, unwitting indemnification of other parties, WP249 and its assertion that discovery … Continue reading

Posted in Data privacy, Data Protection, Data Security, Discovery, eDiscovery, EU, Relativity, Relativity Fest | Tagged | Leave a comment

The Sedona Conference: discussing cross-border eDiscovery and data protection in London and Ireland

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 … Continue reading

Posted in Consilio, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, GDPR, Sedona Conference | Leave a comment

Reviewing the year so far: June – into Europe with Sedona and AccessData

This is my third consecutive post about the eDiscovery events which I have attended so far in 2016 (you can find the earlier ones here and here). The point, to reiterate, is not to suggest that my travels are of … Continue reading

Posted in AccessData, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, GDPR, Sedona Conference | Tagged | Leave a comment

EU promises data protection savings and reduced burdens on business

The European Commission has collected together information about its proposed reforms of the EU Data Protection Rules, including the press release of 21 January, the press conference with Vice President Viviane Reding of the same date, and a number of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU | Leave a comment

Delay for Draconian Data Protection Regulation

The term “displacement activity” has a technical meaning in animal biology, something I am happy to leave to the animal biologists. The lay use of the term connotes some activity undertaken in order to avoid having to do something else … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU | Leave a comment

AccessData conference carries electronic discovery message to Germany

I am very much looking forward to moderating an electronic discovery conference in Frankfurt on 22 March. The hosts are AccessData and the speakers are drawn from a broad range of legal, technical and compliance backgrounds, and from well-known firms … Continue reading

Posted in AccessData, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Regulatory investigation | Leave a comment

Catching an eyeful in Leeds and a snowfall in Munich

The paucity of posts lately may lead you to think that all is quiet on the e-disclosure / e-discovery front. It is in fact a symptom of the opposite – there has been more than enough to keep me amused, … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Litigation Support | Leave a comment

A useful guide to sources on EU Data Privacy Laws

The Guidance Software Newsroom carries a new article by Denise Backhouse of the eData Practice of Morgan, Lewis & Bockius, LLP headed Master European Data Privacy Laws. I refer you to it because it is expressly intended as a guide … Continue reading

Posted in AccessData, Alvarez & Marsal, Clearwell, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, EU, FTI Technology, IQPC, KPMG, Litigation Support, Recommind, Symantec, Trilantic | Leave a comment

Turning e-discovery news and views into a community of interest

Those of us who work in e-discovery / e-disclosure get better and better at passing information and views between ourselves.  Web sites, blogs and Twitter allow us to keep up with developments – new products, company news and cases – … Continue reading

Posted in AccessData, Clearwell, Data privacy, Data Protection, Discovery, DocuMatrix, Early Case Assessment, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, EU, FTI Technology, Guidance Software, KCura, Litigation Support, Masters Conference, Nuix, Recommind, Trilantic | Leave a comment

International eDiscovery Panel at CEIC

There is one major difference between the general run of discovery problems and those relating to international and cross-border discovery. The former are soluble – competence and co-operation coupled with judicial management would fix most ediscovery problems tomorrow; the trans-jurisdictional … Continue reading

Posted in Canadian Courts, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Guidance Software, Litigation Support, Sedona Conference | Leave a comment

CEIC 2010 comes to an end

CEIC 2010 is winding down here in Las Vegas. Whatever measure you take – the quality of the sessions, the opportunity to catch up with people and meet new ones, the sheer numbers of people attending (1,300 or so), the … Continue reading

Posted in Canadian Courts, Case Management, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Guidance Software, Litigation Support | Leave a comment

The Franco-British Lawyers Society on cross-border e-Disclosure 17th of May 2010

The Franco British Lawyers Society have organised an evening session called Searching for evidence: a panel discussion on cross-border e-Disclosure from an English and French perspective. The event takes place on Monday, 17 May at 6 pm at Pinsent Masons, … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, EU | Leave a comment

EDiscoveryMap helps navigate cross-border issues

Monique Altheim, a New York qualified lawyer, has quickly established her blog, EDiscoveryMap, as a mine of information on matters of personal data, privacy, data transfer and cross-border transfers. I follow her on Twitter as EUDiscovery and EDiscoveryMap which keep … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor | Leave a comment

IQPC Corporate Counsel Exchange in Brussels 18 – 20 April

I am off to Brussels at the weekend for IQPC’s Corporate Counsel Exchange. The format for this conference is rather different from the conventional series of panel discussions and platform speeches – there are plenty of these, but the primary … Continue reading

Posted in Brussels, Clearwell, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, IQPC, Kroll, LexisNexis, Litigation Support, Regulatory investigation, Trilantic | Leave a comment

Germany focuses on data protection and privacy

Americans may be tempted to think of EU data protection and privacy laws as being an obstacle deliberately placed in the way of conscientious US lawyers who are merely trying to do their job. That reaction is unsurprising, since that … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, EU | Leave a comment

Gucci v Curveal: a blow for US interests – whichever way you understand that expression

British 19th Century “gunboat diplomacy” and the song The Wreck of the Old 97 are what came to mind when I read the latest Opinion of a US court about the relative importance of US interests and the laws of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections | Leave a comment

Cloud Computing: Privacy, Disclosure and Discovery Considerations

There is a free webinar on 11 March callled Privacy, Disclosure and Discovery Considerations stemming from Cloud Computing. It is put on by Wave University and CT Summation and the speakers are Dan Regard of iDiscovery Solutions, Inc., eDiscovery Specialist … Continue reading

Posted in Data privacy, Discovery, eDiscovery, Electronic disclosure, EU, Litigation Support, Summation | Leave a comment

Spring Offensive in the eDisclosure War

It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive … Continue reading

Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Trilantic | Leave a comment

Anonymisation, the Hague Convention and US judicial notice of EU privacy protection

I expressed puzzlement recently at the high proportion of page views from the US over a period when most of my focus has been on the UK draft practice direction. I know, of course, that there is much US interest … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, Electronic disclosure, EU | Leave a comment

The extent of the right to privacy in French employee’s e-mails

The expression “grasping at straws” has seafaring origins – a drowning man grasps at straws in the absence of anything more solid to cling to. It comes to mind whenever the subject of EU data privacy comes up in the … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, FRCP | Leave a comment

A short video could win you free tickets and accommodation at CEIC

The use of video turns up in these pages either where a supplier has used the medium to educate or to promote a product, or in a slightly embarrassed reference to my own reluctant appearances in front of the camera. … Continue reading

Posted in Brussels, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, FRCP, Guidance Software | Leave a comment

Sedona Conference WG6 presentation to Article 29 Working Party in Brussels

I do not usually pass on things sent to me without adding some value (or, at least, some comment) of my own. I will make an exception for a report just in from James Daley, co-chair of the Sedona Conference … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, EU, Litigation Support, Sedona Conference | Leave a comment

US claims Global Power to Access Data despite EU data protection laws

Another decision of a US court shows the supremacy of the US courts over EU laws, at least as seen from the US. It doubtless plays well in Utah, but is probably bad news for US evidence-collection in the long … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, FRCP, LegalTech, Litigation Support, Trilantic | Leave a comment

451 Group reports on IQPC in New York

I was not at IQPC’s E-discovery conference in New York last week (see IQPC New York – minimizing risks, costs and challenges). Fortunately the 451 Group’s Katey Wood was there and her report is here. Two of the points which … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure Conferences, eDiscovery, EU, IQPC, Litigation Support | Leave a comment

Orange Rag: Scottish Civil Costs Review – a missed opportunity

John Craske, Head of Business IT at Dundas & Wilson LLP has contributed a guest article to the Orange Rag which hints at disappointment in the Scottish Civil Courts Review. I wrote briefly about the Report of the Scottish Civil … Continue reading

Posted in Access to Justice, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EU, Judges, Legal Technology, Litigation, Litigation Support, Scottish Courts | Leave a comment

How IT can support judicial reform? asks Dutch judge Dory Reiling

How many judges do you know who might write a PhD thesis with the title Technology for Justice: How Information Technology Can Support Judicial Reform, discuss it on her blog, and promise to inform you of its publication by Twitter. … Continue reading

Posted in Access to Justice, Courts, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, IQPC, Judges, Legal Technology | Leave a comment

UK Information Commissioner publishes plain English data protection guide

The UK Information Commissioner’s Office (ICO) has produced a guide in plain English which aims to make it easier for the non-expert to understand what is involved. That is all to the good, but this is not one of these … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor | Leave a comment

e-Disclosure conference thoughts from the 451 Group

Although I do my own summaries of the conferences I take part in, it is more interesting in some ways to see what other people take away from them. A succinct summary from an interested party who was present as … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, Legal Technology, Litigation, Litigation Support | Leave a comment

Parallel and cross-border developments in handling electronically stored information

The second session at the Thomson Reuters Fifth Annual e-Disclosure Forum in London on 13 November was called Parallel and cross-border developments in handling electronically stored information. I was the moderator, although if Air Miles were the qualification for talking … Continue reading

Posted in Brussels, Court Rules, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FRCP, Part 31 CPR | Leave a comment

European Commission takes action against UK for data protection failings

An article in Document Management News reports on the legal action being taken by the European Commission against the UK for gaps in the legislation required to comply with EU data protection laws. The investigation leading to the action was … Continue reading

Posted in Civil Liberties, Data privacy, Data Protection, EU, Ministry of Justice | Leave a comment

Clearing the decks before going to Brussels

I do not pretend that this job is hard work in the way that trying to reach a sales target or managing a large project is hard work. It is far too enjoyable for that. It would, however, be good … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, Guidance Software, IQPC, KPMG, Litigation Readiness, Litigation Support, Recommind, Regulatory investigation | Leave a comment

New French Data Protection Opinion on US discovery procedures

I bet that headline made your heart skip a beat with excitement, as mine did when I saw that the Proskauer Rose LLP Privacy Law blog has a new entry headed French Data Protection Authority releases new opinion on compliance … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor | Leave a comment

More than one reason for new FTI Paris presence

It is interesting to find FTI Consulting, Inc. opening a new forensic and litigation consulting practice in Paris. There is more to this, I suspect, than the economic truism that, for those who can afford it, recession is the best … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FTI Technology, IQPC, Regulatory investigation | Leave a comment

The UK is well-placed between the EU and the rest of the eDiscovery world

The first big eDiscovery conference of the autumn is IQPC’s Information Retention and E-Disclosure Management Europe conference in Brussels on 30 September and 1 October. I am going there mainly to take part in a panel organised by Guidance Software … Continue reading

Posted in Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, EU, FTI Technology, Guidance Software, IQPC, KPMG, Litigation Support, Masters Conference, Nuix, Recommind | Leave a comment

E-discovery double-act on video

A few days after advocating the use of YouTube videos to promote new ediscovery understanding, I found myself in one with Browning Marean of DLA. Appearing soon at a cinema near you – well, on PivotalDiscovery.com anyway. If you put … Continue reading

Posted in Discovery, eDisclosure, Electronic disclosure, EU, ILTA, Litigation, Litigation costs, Litigation Support | Leave a comment

London meeting of Women in eDiscovery

I am a supporter of Women in eDiscovery and glad to learn from Laura Kelly of Epiq Systems that the London branch is active. They have a meeting on 17 September at the offices of Fulbright & Jaworski, 85 Fleet … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Litigation Support | Leave a comment

The information war – news from the front updated

My post Cooperative hands across the sea referred to an article by Jason Baron on Ralph Losey’s e-Discovery Team blog.  Jason’s article attracted some comments, two of which are worth hiving off for comment in their own right. One concerns … Continue reading

Posted in Brussels, Civil justice, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Litigation Support | Leave a comment

Sedona Conference dialogue on cross-border discovery in Barcelona

As I have noted elsewhere, I had my own cross-border problems in getting to the Sedona Conference International Programme on Cross-Border eDiscovery, eDisclosure and Data Privacy Conflicts in Barcelona on 10-11 June. I was chairing an edisclosure conference in London … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, Litigation Support, Sedona Conference | Leave a comment

US – Swiss Safe Harbor

It had escaped my notice that the US Department of Commerce and the Federal Data Protection and Information Commission of Switzerland had established a US – Swiss Safe Harbor Framework. The provisions and procedures are identical to those which apply … Continue reading

Posted in Data privacy, Data Protection, EU, EU Safe Harbor | Leave a comment

Keeping informed on information about informaton

It is getting hard to keep up. The various aspects of information and justice which I write about are developing faster than I can put quill to keyboard. I wrote my piece An information war at the week-end and updated … Continue reading

Posted in Data privacy, Data Protection, EU, EU Safe Harbor, Litigation Support, Lord Justice Jackson | Leave a comment

An information war – making connections between privacy, liberty, policing, law and government

An American e-discovery site put up a link last week to a video showing police brutality. It is not just me, then, who sees connections between apparently diverse aspects of justice. Privacy and the right to go about your business … Continue reading

Posted in Data privacy, Data Protection, EU | Leave a comment

How safe is safe harbor?

I spoke on safe harbor on a panel at LegalTech sponsored and led by LDSI. Does it give as much protection as its proponents aver? Why is Europe so concerned about data privacy anyway? It is a beguiling expression, safe … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, LegalTech | Leave a comment

OutIndex releases E-Discovery engine

OutIndex, the electronic discovery software company has added another string to its bow with the release of three Microsoft .NET components to allow others to build their own e-discovery applications. Between them, the three components provide the tools for extracting … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, LegalTech, Litigation Support | Leave a comment

Epiq opens in Brussels

Epiq Systems, Inc. have opened an office in Brussels to provide support for clients involved in pan-European and global litigation and regulatory investigations. Epiq is best known for its DocuMatrix review platform and for corporate insolvency, as well as for … Continue reading

Posted in Brussels, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Litigation, Litigation Support, Regulatory investigation | Leave a comment