Susan Knox outlines the advantages of electronic disclosure in EU litigation
As corporate communications increasingly involve e-mail and other electronic documents, electronic disclosure in disputes is occurring more frequently. Depending on the jurisdiction and the matter, the disclosure of electronic materials may be mandatory. Even where not required, litigation teams are increasingly taking advantage of the latest search and review technologies to prepare the case using electronic materials.
Materials in any matter are likely to be sourced from individuals' desktop and laptop PCs, and work e-mail accounts. These sources, despite corporate rules and policies, are likely to contain irrelevant personal data, including banking and health information, communications with friends, and music files. When collecting electronic evidence it is essential, therefore, that companies and their lawyers observe applicable employment, privacy and data protection laws, while also heeding court orders and considering the company's legal needs.
Disclosure, Data Protection and Privacy
Lawyers must be aware of the rules concerning disclosure in the individual case. These may include court rules of general application, such as CPR 31 and its associated Practice Direction in England. There
