International litigation presents many unique challenges, not the least of which is how to handle cross-border discovery. This article presents five considerations for approaching discovery with a cross-border component.

  1. What Data Regime Applies?

At the outset of a matter, consider what data regime governs the data you need to collect, review and produce. The European Union’s General Data Protection Regulation (GDPR) is one of the most comprehensive and applicable data regimes in cross-border discovery. The GDPR places restrictions on the cross-border transfer of personal data, including email, and imposes heavy penalties if the appropriate processes are not followed.