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International E-Discovery

A Clash of Cultures and Law

In much of the world, countries have adopted legislation that protects the privacy of electronic information. These laws may prohibit the electronic transmission of information across borders, without the express consent of the subject of the communication. And this consent may be impossible to obtain: in many jurisdictions (notably, many countries in the European Union, which has adopted the E.U. Privacy Directive), it may be impossible to obtain the consent of employees; such consent is often considered to be inherently coerced due to the subordinate nature of the employee relationship.
 
This conflict between U.S. and European law is not merely legal; it reflects nothing less than a clash of cultures.


 
 

 
 
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