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International Companies Be Wary of Privacy Laws Overseas That Prohibit the Transfer of Personal Data into the United States

Guest Post By:  Kenneth J. Kelly and Diana Costantino Gomprecht

It is not uncommon for international financial institutions to face the conundrum of being required to provide documents and information for litigations in the United States that would violate privacy laws in their home country or where their affiliates are located.  The most common issues arise in connection with discovery requests that seek information prohibited by the European Union (“EU”) Data Protection Directive (Directive 95/46/EC) (PDF) that restricts the transfer and processing of broadly defined “personal” data to countries with “inadequate” protections, such as the United States.   The Sedona Conference recently published best practices on how to approach such issues in its publication entitled “International Principles on Discovery, Disclosure & Data Protection.”

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