The EU Data Protection Directive and Major Factors Relied Upon by U.S. Courts in Transborder Discovery Requests
Digital Evidence and Electronic Signature Law Review - Nbr. 5, October 2008
Daniel W. Perry - Notary dealing with digital evidence and discovery, international computer contracts and technology
Permanent Link:
http://vlex.com/vid/relied-transborder-discovery-requests-51502913
Id. vLex: VLEX-51502913
An outline of the EU Directive and UK law. How U.S. courts apply U.S. Federal Rules of Procedure. Summary of factors relied upon by United States courts in compelling disclosure. A closer look at the factors as applied by the court in Strauss v. Credit Lyonnais, S.A. The lessons of Strauss v. Credit Lyonnais, S.A.
The EU Data Protection Directive and Major Factors Relied Upon by U.S. Courts in Transborder Discovery Requests
Some lawyers mistakenly conclude that the European Union Data Protection Directive1 is a burden on the transborder discovery of electronically stored information (ESI). The Data Protection Directive does not, in fact, place a burden on the discovery of ESI. It simply mandates that EU member states enact legislation in harmony with the Directive. Lawyers must, instead, focus upon the individual legislation, policies, and procedures of the EU member states. Finally, lawyers need to understand the factors relied upon by United States courts in applying the United States Federal Rules of Civil Procedure and The Hague Convention Rules in transborder discovery requests.
If you are already a vLex customer, Access Here
