Data Without Borders: A Comparative Look at Cross-Border Data Transfer Laws And Their Impacts on Litigation
The EU, the United States, and other jurisdictions have adopted laws regulating the export of personal data, the disclosure of personal data, and consumers and employees’ access to personal data. This session will explore how various jurisdictions approach cross-border data transfers and data access rights, how they impact litigation, and what litigators and data protection lawyers can do to address the challenges and opportunities that these data protection laws present.
The first of the two panels will discuss the similarities and differences among the EU, US, and other jurisdictions on regulating the flow of personal data across borders and will provide practical advice such as the best mix of safeguards (whether standard contractual clauses, binding corporate rules, codes of conduct, or certification mechanisms) to ensure that cross-border data transfers comply with applicable law.
The second panel will examine how these cross-border data transfer restrictions, other data protection requirements and general documentation restrictions are impacting access to information in litigation. For example, restrictions on cross-border data transfers and on disclosing personal data to opposing parties can make it more difficult to obtain needed discovery in litigation.