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EU data privacy laws make the collection of Electronically stored information (ESI) and its transfer out of Europe challenging. The session will begin with a brief update of U.S. case law focusing on cross-border discovery generally, and then turn to a discussion of Privacy by Design ("PbD"), which has become the gold standard for privacy protection in the 21st Century. This discussion will cover examples of how PbD has been operationalized and used to address the challenges presented by EU data privacy laws. The session will then cover Europe's acknowledgement of Canada's stringent privacy laws which make it a unique base for e-discovery collection, analysis and review. By collecting ESI from European employees into Canada, and then culling down/reviewing ESI in Canada to identify responsive email and documents, organization can minimize the amount of ESI for which they must obtain consent from employees for transfer to the U.S.

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Region: European Union
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