Assessing the EU Working Party’s Guidance on Harmonizing U.S. Discovery and EU Data Protection Requirements

The European Union’s Article 29 Data Protection Working Party has taken an important first step toward reconciling EU data protection obligations with the information disclosure requirements of U.S. discovery rules. In a working document adopted Feb.11 (the Guidelines), the Article 29 Data Protection Working Party, comprising data protection representatives from each of the EU Member States, offers well-reasoned, pragmatic guidance for multinational companies faced with the need to comply with EU data protection requirements in the context of U.S. civil pretrial discovery. While the Guidelines are not binding, they lay the ground work for practicable solutions. Multinationals should review their discovery related policies and procedures in the light of the Guidelines and consider giving input to the Working Party to facilitate the development of even more specific practical guidance.