An EU “working group” has released a proposed set of guidelines (warning: PDF document) for companies who are subject to EU Privacy Directives to follow when complying with discovery rules in U.S. matters. The document’s purpose is described thusly:
The working party sees the need for reconciling the requirements of the US litigation rules and the EU data protection provisions. It acknowledges that the Directive does not prevent transfers for litigation purposes and that there are often conflicting demands on companies carrying on international business in the different jurisdictions with the company feeling obliged to transfer the information required in the foreign litigation process. However where
data controllers seek to transfer personal data for litigation purposes there must be compliance with certain data protection requirements. In order to reconcile the data protection obligations
with the requirements of the foreign litigation, the Working Party proposes the following guidelines for EU data controllers.
The document is an excellent primer for EU-US cross-border discovery matters. It also discusses the differences in discovery between common law and civil code systems, and those of the U.S. with other common law nations.