International e-Discovery, e-Disclosure and Information Governance

The demands of global commerce for data transfers across national borders have increased exponentially. Multinational corporations, in this regard, face data protection and privacy issues on a daily basis. The conflicts between e-records disclosure restrictions in the European Union, Asia, South America and Canada and the e-discovery requirements of U.S. regulatory proceedings pose complex records management challenges.  International data transfer for daily business activities also entails thorny problems of compliance with non-U.S. data protection and privacy laws.  The costs of privacy and security breach proceedings outside the U.S. can extend beyond the financial, with potential for loss of goodwill from adverse publicity.

We are the trusted advisors to multinational corporations and others whose global reach requires compliance and privacy counsel well-versed in the issues of international data transfer. We can assist multinational clients in:

1. Risk Assessment and Gap Analysis for local and international data transfer procedures as they are affected by privacy and data protection laws;
2. Preparation of protocols to help clients address the complex challenges of daily international data transfer needs;
3. Risk assessment and Gap Analysis for readiness to transfer data to the U.S. for compliance with data demands in regulatory proceedings and litigation;
4. Preparation of Notices, Consents and other documents with regard to transfer of data;
5. Registration with the U.S. Safe Harbor Program;
6. Analysis of business impact of Blocking Statutes in the E.U. and similar provisions in Canada and South America;
7. Assistance in preparation of Binding Corporate Rules and data transfer, including those utilizing E.U. Model Clauses;
8. Assessment of employee technology use protocols as they pertain to disclosure demands, the need to transfer employee data for daily business activities, and employee Consents and Notices for transfer of employee data outside the European Economic Area (“E.A.A.”);
9. Appearance at U.S. discovery conferences and other proceedings to assist in tailoring U.S. discovery orders to the data transfer restrictions of non-U.S. jurisdictions.