For a long time, eDiscovery was mostly domestic. In many ways, this felt less chaotic.

Data resided in one country with familiar laws. Ultimately, this meant more predictable processes for legal teams. Even with large data sets, the rules were easier to understand.

That's no longer the case.

Companies now operate across borders as this is their new norm. Domestic eDiscovery is a thing of the past, with employees regularly collaborating on a global scale. The result is data that constantly moves across regions.

A single item could involve custodians across multiple continents. If they all use different systems, then they're subject to different laws, creating challenges in cross-border data management.

Teams are no longer just collecting the most relevant data; they're now determining whether they're allowed to access it-and how.

What Cross-Border eDiscovery Actually Involves

Cross-border eDiscovery handles data that exists outside a legal matter's jurisdiction. It sounds simple, but it's actually much more nuanced. Legal teams need to understand the following:

• Where data is stored
• Who controls it
• What laws apply to it

This might include:

• Data protection regulations
• Employment laws
• Industry-specific requirements

And one of the most important things that legal teams should focus on is how to regulate privacy.

Laws like the GDPR in Europe have strict requirements for the processing and transfer of personal data. This includes how data can move outside of a specific region, especially when it's transferred to a country that might not have similar protections in place.

Naturally, this can create cross-border tension. Yes, protecting relevant information in litigation is extremely important; however, these restrictions typically affect how information is handled, especially when conducting a PII search.

Why Traditional Workflows Don't Translate

A standard eDiscovery workflow collects data and then processes and reviews it. From there, it's produced in a manner that may not comply with cross-border eDiscovery.

Take, for example, a collection: it might be restricted or have access denied. Something that was once simple, such as transferring data, now requires additional safeguards.

When legal teams want to do something as simple as reviewing data, compliance concerns might be flagged. It doesn't mean that cross-border eDiscovery is impossible — it just means legal teams have to rethink their overall approach using eDiscovery best practices.

What Are the Problems With Cross-Border Data Transfer?

Most issues don't come from a lack of effort, but from misalignment.

Legal teams may proceed with collection without fully understanding local regulations. Additionally, it's not uncommon for IT teams to transfer data before they fully understand its legal implications.

To complicate things, they loop in compliance teams after the fact. From there, gaps arise that affect compliance in eDiscovery.

Over-collection is another issue. Organizations collect more data than they need. When you're focusing on cross-border content, this can increase exposure, but it also presents issues.

When personal data is transferred, stronger data compliance strategies are required.

What a Defensible Cross-Border Strategy Looks Like

Legal teams should always handle cross-border eDiscovery with structure. The first thing they can do is start with data mapping to understand the following:

• Where does data reside?
• How does data move?
• Who controls data?

This information makes it easier for legal teams to assess legal requirements.

They also need to answer the following questions:

• What laws apply to the data?
• Are there restrictions on collection or transfer?
• Do additional safeguards need to be in place?

Frequently Asked Questions

Can You Share Personal Data Across International Borders?

Yes, but keep in mind that it depends on the specific laws for that type of data. In an eDiscovery situation, certain regulations, such as GDPR, may affect how you transfer personal data. If it's a country without similar protections, legal teams might need to implement their own safeguards.

What Makes Cross-Border eDiscovery More Complicated?

Cross-border eDiscovery factors in multiple legal systems. Each system has its own rules regarding data privacy and how this information is transferred. This is why legal teams have to consider not just what data is relevant, but whether they can access and move that data, often relying on eDiscovery software.

Can Data Always Be Transferred to the U.S. for Review?

Not always. Depending on the jurisdiction, strict rules may not allow personal data to be transferred outside its borders.

Because of this, legal teams have to review data stored in the country where it's located. They might even need to apply safeguards to platforms such as anonymization.

What Is Data Minimization and Why Does It Matter?

Data minimization limits the amount of data that can be collected and processed. In these instances, the amount of data collected is only what's necessary for the case. In cross-border eDiscovery, this is extremely important because there's a greater compliance risk when collecting excessive amounts of data.

Assisting Legal Teams With Navigating eDiscovery

Cross-border discovery is here to stay and is a modern part of litigation. The main challenge for legal teams isn't managing this data; it's managing it responsibly across different legal systems. Since each system has its own expectations and restrictions, legal teams rely on the most advanced tools possible.

At Logikcull, we understand that cross-border eDiscovery demands more than powerful technology. This is why our platform simplifies complex data workflows, helping your team stay compliant. If you're ready to reduce risk with cross-border discovery, schedule a demo today.