However, it’s noteworthy that the burden of protection will remain with the “controller.” For this reason, it is imperative that law firms and legal departments ensure that their third-party providers have all the checks and balances in place to handle and inform upon the obligations set forth by the regulation. Under the GDPR, those tasked with processing data on behalf of a “controller” will now be held to the same standard of responsibility as those who were charged with protecting that data in the first place. Developing solutions to tackle the many requirements may feel like an almost insurmountable task however, the stakes for non-compliance are high as even inadvertent breaches of sensitive data will likely carry significant fines.ĭata privacy can be at its most vulnerable when an organisation entrusts data to a third party. With the GDPR set to take effect in May 2018, those organisations processing or in control of personal information should be busy considering the breadth of their obligations. The General Data Protection Regulation (GDPR) The following trends outline current key considerations for data controllers (and representatives) with respect to the impact on future eDiscovery obligations relating to litigation, regulatory investigation and other similar matters: To mitigate risk, law firms and corporate legal departments need to understand and comply with the upcoming General Data Protection Regulation (GDPR) and Privacy Shield annual review.
With exponential data growth, the proliferation of data sources from mobile, cloud and social media technologies, growing litigation in the current economic environment, and increasingly regulatory and information governance pressures law firms and corporate legal departments face greater challenges today than ever before. Julia Chain, Managing Director, Advanced Discovery UK
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