EU Data Protection Reforms on the Horizon – Impact on U.S. Discovery Obligations

With the adoption last month of the General Data Protection Regulation (GDPR), the European Union is set to impose landmark data protection measures. The GDPR builds on the EU’s previous directive governing personal data by creating a uniform data protection law for all companies that operate in the EU; strengthening the rights of EU citizens; and imposing stronger penalties for violation of such rights. The GDPR will affect current practices—including those relating to data preservation and collection for U.S. litigation purposes—of all companies that operate or market in the EU. Affected companies will need to ensure they are in compliance when enforcement begins in mid-2018. 

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