Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

Sedona Publishes Draft Cross-Border E-Discovery Guide for In House Counsel

September 15, 2015

Gotta love The Sedona Conference. Everyone I know is confused about cross-border e-discovery issues. So thanks to Working Group 6 on International Electronic Information Management, Discovery and Disclosure (WG6) for its work on a new guide released for public comment titled Practical In-House Approaches for Cross-Border Discovery and Data Protection (“Practical Approaches”). It is free to download the guide.

Comments are due by December 15, 2015 and may be sent to . A final version of the guide is expected early in 2016.

The 49 page guide includes the following sections:

  • In-House Perspectives on Discovery and Data Protection: Describes the differing notions of privacy and discovery that exist around the world today;
  • The Sedona Conference International Principles on Discovery, Disclosure & Data Protection: Recap of the six international principles originally introduced in the International Litigation Principles Guide;
  • Practice Points for Conducting Cross-Border Discovery in View of Data Protection and Data Privacy Regulations: Eight detailed practice points, each that provide a hypothetical situation, for addressing everything from the need to proceed deliberately in countries with comprehensive Data Protection Laws to releasing legal holds and return or dispose of data promptly upon termination of a matter; and
  • Practical Approaches Appendices: The Sedona Conference In-House Tool Kit for Data Protection and Cross-Border Discovery: A handful of useful documents that include an 18 page eDiscovery and Data Protection Model Guideline (which includes answers to FAQs), a Template Cross-Border Discovery Management Form for In-House eDiscovery Teams, a one page Talking Points Infographic for Internal Business Clients and Employees and an Exemplar Heat Map of Data Protection and Data Privacy Regulations.

Hat tip to Doug Austin!

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