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Cross-Border Discovery: Navigating a Conflict of Laws

Authors

Karen Lust

Where US discovery involves personal data of EU custodians, a party should consider and incorporate GDPR principles into their litigation strategy as soon as possible, as preservation of personal data constitutes processing.

Companies fighting U.S. discovery requests that require them to produce European Union residents' personal information have so far found little traction for their argument that the EU's stringent data protection rules bar these disclosures, but defendants can still face hefty fines if they fail to ensure that data demands are lawful and limited.

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