Cross Border E-Discovery

2010 ◽  
Vol 11 (3) ◽  
Author(s):  
Karl Geercken ◽  
Kelly Holden ◽  
Michael Rath ◽  
Mark Surguy ◽  
Tracey Stretton
Keyword(s):  
Data Privacy ◽  
Common Law ◽  
The European Union ◽  
Legal Proceedings ◽  
Cross Border ◽  
Disclosure Requirements ◽  
Short Notice ◽  
Privacy Laws ◽  
The Common ◽  
Stored Information

AbstractIn the context of internal or regulatory investigations or other legal proceedings, companies located in Europe may be forced to disclose electronically stored information such as e-mails on short notice in order to comply with any such internal or regulatory request or applicable procedural electronic discovery regulations. These disclosure requirements may have considerable breadth, and non-compliance can lead to severe sanctions.Part I of this article describes the American procedure of e-discovery. Part II provides a brief description of the British concept of e-disclosure and considers how it differs from the American concepts of e-discovery. Part III shows - as one prominent example for civil code jurisdictions in the European Union (for an overview of other jurisdictions see The Sedona Conference, International Overview of Discovery, Data Privacy and Disclosure Requirements, September 2009) - the German regime for e-discovery requests and highlights some data protection issues to be observed. Part IV examines how the conflict existing between the common law concept of e-evidence and the civil law principles could be harmonized. Finally, part V gives some examples of how technology can be used to support e-discovery and to establish processes in compliance with applicable data privacy laws.

The legal and ethical aspects of telemedicine. 1: Confidentiality and the patient's rights of access

1997 ◽  
Vol 3 (4) ◽  
pp. 179-187 ◽  
Author(s):  
Ben Stanberry
Keyword(s):  
Medical Records ◽  
Common Law ◽  
Medical Data ◽  
Legal Obligation ◽  
The European Union ◽  
Ethical Aspects ◽  
Patients Rights ◽  
Patient’S Rights ◽  
The Common ◽  
The Uk

This paper reviews the principle of confidentiality and the rights of access by patients to their medical records. Confidentiality has been germane to the ethics of medical practice since the time of Hippocrates but the nature of the legal obligation of confidence does not have such a clear pedigree. The introduction of crossborder telemedical consultations presents a very real danger to maintaining the confidentiality of medical data. While both the common law and statute law can be used to prevent the unauthorized interception and disclosure of medical data and protect the patient's rights of access and ownership in the UK, it is the harmonization regime of the European Union that will bring comprehensive regulation and legal clarity to the protection of patients' rights within an increasingly international medical super-specialty'.

European Grouping of Territorial Cooperation as the instrument of cross border cooperation

2021 ◽  
pp. 60-64
Author(s):  
Yu. Lemko
Keyword(s):  
European Union ◽  
Wastewater Treatment Plants ◽  
Political Support ◽  
Regional Government ◽  
The European Union ◽  
Low Level ◽  
Cross Border ◽  
Non Governmental Organizations ◽  
The Common ◽  
Cross Border Cooperation

The article considers one of the most common and most effective forms of cross-border cooperation between the countries of the European Union, namely the European groupings of territorial cooperation. The role of territorial cooperation in the European Union is constantly growing as it is the basis of political, economic and social cohesion, which is an integral part of Ukrainian society. The development of territorial cooperation is due to the change and development of national, regional or local participants in this process. The Schengen Agreement, the common internal market and the common currency, as well as the emergence of numerous new cross-border projects and the development of cross-border territories, are integral parts of this process. The article examines the EGTC Tisza, which was established in October 2015 in the Transcarpathian region of Ukraine together with the Hungarian region of Szabolcs-Szatmár-Bereg and the municipality of Kisvárd. It is noted that the union has received broad social and political support from both sides at the regional and local levels. This event was decisive for both Ukraine and the EU, as for the first time such an association was created with the participation of a non-EU country. This was a long-awaited step, as the participating regions have long been cooperating together in various fields, including the implementation of grant projects. Many issues need to be addressed together, including flood protection, the rehabilitation of wastewater treatment plants, transport and the development of economic ties. We can say that today Euroregions are the most developed form of cross-border cooperation in Ukraine, but their activities also show a range of problems that hinder their effective functioning. This includes a large number of participants with different cultural and economic characteristics, disparities in the legislation and administration of the country, the low level of business structures and non-governmental organizations. Issues such as the lack of a systematic approach to the organization of Euroregional cooperation, the low level of regional government and the lack of financial support are also worth mentioning.

Analysis of the US Privacy Model

2021 ◽  
pp. 1818-1825
Author(s):  
Francisco García Martínez
Keyword(s):  
Data Privacy ◽  
Personal Information ◽  
National Level ◽  
The United States ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Privacy Laws ◽  
The Us ◽  
General Data ◽  
State Of Art

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.

Part 2 Specific Issues of Arbitration in Brazil, 15 Post M&A Arbitration

2020 ◽  
Author(s):  
Ferro Marcelo Roberto ◽  
de Souza Antonio Pedro Garcia
Keyword(s):  
Mergers And Acquisitions ◽  
Information Asymmetry ◽  
Dispute Resolution ◽  
Common Law ◽  
Cross Border ◽  
Fertile Ground ◽  
Legal Regimes ◽  
Target Company ◽  
The Common

This chapter addresses post-mergers and acquisitions (M&A) arbitration. M&A transactions provide fertile ground for litigation. These complex transactions usually give rise to a significant level of information asymmetry between the parties regarding the target company. Buyer and seller harbour opposing interests concerning the sale value. Representations and warranties, as well as the allocation of risk among parties, although aimed at facilitating the closing of the transaction, also frequently create tension and give rise to dissonant expectations during the post-closing phase. Cross-border M&A transactions add even more layers of complexity given the different business cultures and legal regimes involved. Even though M&A deals have established standard global commercial practices, which follow the common law framework, they still raise a series of challenges for parties, stakeholders, and legal advisors, generating all types of post-closing disputes. Although there are several means of dispute resolution, M&A parties have reliably chosen arbitration as a method for resolving their disputes in Brazil. The chapter then looks at the issues that most frequently feature in the arbitration of international M&A disputes in Brazil.

Analysis of the US Privacy Model

2019 ◽  
Vol 3 (1) ◽  
pp. 43-52
Author(s):  
Francisco García Martínez
Keyword(s):  
Data Privacy ◽  
Personal Information ◽  
National Level ◽  
The United States ◽  
The European Union ◽  
General Data Protection Regulation ◽  
Privacy Laws ◽  
The Us ◽  
General Data ◽  
The Eu

The creation of the General Data Protection Regulation (GDPR) constituted an enormous advance in data privacy, empowering the online consumers, who were doomed to the complete loss of control of their personal information. Although it may first seem that it only affects companies within the European Union, the regulation clearly states that every company who has businesses in the EU must be compliant with the GDPR. Other non-EU countries, like the United States, have seen the benefits of the GDPR and are already developing their own privacy laws. In this article, the most important updates introduced by the GDPR concerning US corporations will be discussed, as well as how American companies can become compliant with the regulation. Besides, a comparison between the GDPR and the state of art of privacy in the US will be presented, highlighting similarities and disparities at the national level and in states of particular interest.

The Burden of Proof of Negligence in Running-down Cases

1938 ◽  
Vol 6 (3) ◽  
pp. 404-420
Author(s):  
E. Wyndham White
Keyword(s):  
Human Life ◽  
Common Law ◽  
Burden Of Proof ◽  
Road Accidents ◽  
Legal Proceedings ◽  
Road Users ◽  
The Common ◽  
To Come

In what are generally known as ‘running-down’ cases, that is to say, actions of negligence by pedestrians against motorists who have caused them injuries, the pedestrian, like every other plaintiff, has to discharge the burden of showing that the accident was due to the negligence of the motorist. This burden is made heavier by the fact that in most cases the pedestrian will have been disabled at the time of the accident from observing accurately the exact circumstances of the case and from enlisting the support of eye-witnesses. This latter disadvantage is a very real one if one takes into consideration the extraordinary reluctance of the average citizen to come forward and testify voluntarily in legal proceedings. The appalling wastage of human life and the suffering caused by road accidents in recent years is reflected in the anxiety of legislators to devise regulations for the protection and safeguarding of all road-users, and pedestrians in particular. The time is apt, therefore, to consider once again the desirability of altering in this class of cases the common law burden of proof of negligence.

scholarly journals Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore

2017 ◽  
Vol 11 (1) ◽  
pp. 157
Author(s):  
Paul Omar
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Asian Development Bank ◽  
Development Bank ◽  
Insolvency Law ◽  
Asian Development ◽  
Foreign Companies ◽  
Cross Border ◽  
The United Kingdom ◽  
The Common

Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article to outline the law in relation to cross-border insolvency, particularly the winding up of foreign companies, the co-operation provisions in bankruptcy and insolvency as well as more recent moves to redevelop insolvency through UNCITRAL and Asian Development Bank initiatives.

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