Litigation Holds And The GDPR

By on December 5, 2018

December 5, 2018

The EU’s General Data Protection Regulation (GDPR) makes compliance with litigation holds more complicated. United States courts expect corporate litigants to properly preserve records and have issued severe sanctions in cases where they are not preserved. In the European Union, civil discovery is more limited and litigation holds are less common. Although every United States company that possesses information about European Union citizens is not automatically subject to GDPR, a company that is targeting European Union citizens or actively tracking their behavior is likely to fall within its ambit. This Today’s General Counsel article, by Snell & Wilmer attorneys Aloke Chakravarty and Zaven Sargsian, address the dilemma this can present to U.S. companies and provides some advice on how to resolve it.

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Today’s General Counsel

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