Two Chinese information security laws, the Data Security Law (“DSL”) and the Personal Information Protection Law (“PIPL”), are creating difficulties for parties involved in litigation in the United States seeking discovery materials stored in China.

Both the DSL and the PIPL require data processors to obtain approval from the Chinese government before transferring any data stored in China to a foreign court or law enforcement authority, or otherwise face significant penalties such as fines in the millions of dollars.

Litigants in the U.S. should be aware that the DSL and PIPL may impose significant costs and delays in the discovery process, and may be used to avoid turning over certain materials.Continue Reading Chinese data security laws increasingly create roadblocks for litigants seeking discovery in U.S. courts

Recent cases have highlighted the continued tensions between the GDPR and U.S. demands for discovery in the context of U.S. litigation and investigations. This issue can present a real concern for companies operating on both sides of the pond seeking to comply with obligations on either side. Whilst the GDPR provides EU citizens with valuable protections on the processing and cross-border transfer of their data, it is not an automatic shield from the demands of U.S. state or federal laws that require the preservation, collection, and potential disclosure of any documentation relevant to a matter – regardless of where it originates or to whom it relates.

The process of U.S. discovery that requires the transfer of potential evidence originating or stored in the EU to the U.S. will often trigger obligations under the GDPR where it involves the processing and cross-border transfer of personal data. While previous cases have shown U.S. courts to be reluctant to allow foreign laws to be a barrier to U.S. discovery, two recent cases have provided insight on the U.S. courts’ approach when dealing with the GDPR in this context.
Continue Reading GDPR vs. U.S. discovery: The conflict continues

This post was written by Nick Tyler.

Last month we highlighted a resolution of the American Bar Association urging U.S. courts to: “consider and respect…the data protection and privacy laws of any…foreign sovereign, and the interests of any person who is subject to, or benefits from, such laws”, in the context of the onerous legal

This post was written by Kevin Xu and John L. Hines, Jr.

U.S. courts often disregard foreign data privacy laws in the context of discovery. Litigants sometimes find themselves compelled to produce under U.S. law what they are forbidden to produce under the privacy laws of another country. However, a recent U.S. court decision indicates increasing sensitivity to the privacy expectations of persons abroad.

On August 27, 2010, in connection with In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, the court ruled that some data collected and processed in the EU would have been unlawful to transfer to the United States under the EU Privacy Directive, and thus, should not be subject to production in U.S. litigation.Continue Reading Federal Court in NY Says EU Documents Containing Personal Information are Off Limits in Class Action Litigation