In April 2016, the European Union (EU) adopted a major overhaul of its data privacy laws to better address new technologies and provide a more coherent approach across different EU Member States. The new law, known as the General Data Protection Regulation (EU) 2016/679 (GDPR) takes effect on May 24, 2018. It will replace the patchwork of national laws created under the old Directive 95/46/EC with a more unified law directly binding each Member State and threatening significant fines amounting to 4 percent of a company’s global turnover for non-compliance.

Significantly, the GDPR includes new provisions addressing litigation-related international data transfers. These new provisions create both new perils and opportunities when personal data must be transferred from the EU to the United States for use in discovery.

Article 48: The Good and Bad

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