Cross Border ESI: Considerations for Time Sensitive Data Handling
In today’s ever-changing world of technology and legal requirements, data handling considerations have become of critical importance. There are multiple levels of consideration including legal obligations, privacy, and logistics. This is one example of how European based clients can carefully and strategically provide data for a US-based dispute or litigation.
It should be noted that none of the content here is intended to be legal advice, but rather a demonstration of our technical and industry experience dealing with the transfer of data across borders. Legal issues should ultimately be evaluated by counsel.
Consider the following “facts” for the illustration of this example.
- This matter involved a set of company data that had been created and stored within individual custodian profiles employed by a company based in Germany and the US.
- Although the custodians granted access and permission to the data, there were still certain workflows and precautions taken to ensure that the data had been properly handled by the “data processor” before it was ultimately accessed by the US legal team.
- The data sets included: a set of email (thousands being S/Mime encrypted), loose efiles (aka non-email documents), and data collected from a document management system.