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International In-house Counsel Journal logoInternational In-house Counsel Journal logo

Stuck in the Middle with You: When U.S. Discovery Orders Hit the GDPR

Abstract

Civil litigants in the United States have broad rights to information—from each other and from others not involved in the litigation, whether or not they are within the U.S.. Other countries often have more limited “discovery” rights, and often have confidentiality or privacy laws that restrict sharing information or transferring that information across borders, like the GDPR. This often generates conflicts for those who are required by U.S. law to deliver evidence but forbidden to do so by their own local law. In fact, U.S. law permits those litigating cases in non-U.S. venues to use its generous discovery rules where the person from whom they seek information resides or is found in the U.S.. So cross-border discovery conflicts do not always come from litigation in U.S. Courts.

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Authors

Portrait image of Matthias Artzt
Matthias Artzt
Senior Legal Counsel, Deutsche Bank AG, Germany

Dr. Matthias Artzt is an internationally recognized and certified lawyer and senior legal counsel at Deutsche Bank AG. He advises internal clients globally regarding data protection issues as well as complex international outsourcing agreements involving data privacy-related matters and regulations. Matthias is a graduate of the University of Tübingen, Germany, where he obtained his Doctor of Law, and a Certified Information Privacy Professional/Europe (CIPP/E) at the IAPP. He authored numerous articles on data protection law and is a regular speaker at various national and international conferences, e.g., at the Central Bank of Brazil and the Ecosystems 2030 in Spain. Further, he is a guest lecturer in postgraduate law courses at the University of Brunswick, Canada and the University of Brasilia, Brazil. Matthias has an in-depth knowledge of the GDPR and its interfaces with other cutting-edge technologies, such as Cloud Computing, Artificial Intelligence, Blockchain, and Metaverse. Matthias is the editor-in-chief of the International Journal of Blockchain Law (IJBL) as well as the co-editor and co-author of the International Handbook of Blockchain Law and the International Handbook of AI Law, both published by Wolters Kluwer.

Portrait image of Gary Weingarden
Gary Weingarden
Counsel, Data Protection Officer, Notarize, Inc., USA

Gary Weingarden is counsel and Data Protection Officer at Notarize, Inc. Before joining Notarize, he was an attorney in the financial services industry, most recently working at Quicken Loans Inc. and some of its affiliated companies. Gary has advised clients about contracts, privacy, security, and e-commerce issues for over a decade and has been practicing law for 28 years. He is a graduate of The University of Michigan Law School and is a member of (ISC)2, ISACA, IAPP, and is a licensed to practice law in Hawaii and Michigan. He has multiple certifications in privacy (CIPP/E, CIPM, CDPSE, and CIPT among them), Security, and Compliance and Ethics. He has authored multiple articles on privacy law.

Companies

Deutsche Bank AG logo

Deutsche Bank AG

Deutsche Bank AG

Notarize, Inc. logo

Notarize, Inc.

Provider of remote notarization services.

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