Every multinational organization faces conflict between legal hold requirements and data privacy protection obligations. In the U.S. legal system, electronic evidence must be preserved when litigation is reasonably anticipated. For international organizations, that legal hold obligation may extend to employees whose personal data is protected by the GDPR. Since preservation may constitute “processing” under the GDPR, proactive management of the legal hold process is critical, particularly in light of potential sanctions for failing to comply with either obligation.
Modern legal hold and data collection and preservation software automate compliance with an array of GDPR responsibilities. The diligent application of legal hold software can address every recordkeeping and data management component of the GDPR, from consent to the right to be forgotten.
In this live webinar, Tom Gricks of OpenText and Simon Wegmann of Gleiss Lutz provide practical guidance on the use of legal hold, collection and preservation software to meet GDPR data privacy protection mandates. Topics include:
- Background on the U.S. legal hold requirements, including guidance from the Sedona Conference Commentary on Legal Holds, Second Edition.
- The framework of the principal personal data privacy protection obligations within the GDPR.
- Circumscribing the legal hold process to accommodate GDPR mandates.
- Taking advantage of modern legal hold and data collection and preservation software to manage GDPR obligations.
Thomas C. Gricks III
Director, Data Analytics
A prominent e-discovery lawyer and a leading authority on the use of TAR, Tom is a director of data analytics, at OpenText. He advises corporations and law firms on best practices for applying technology to reduce the time and cost of discovery and investigations. Tom has more than 25 years’ experience as a trial lawyer and in-house counsel, most recently with the law firm Schnader Harrison Segal & Lewis, where he was a partner and chair of the E-Discovery Practice Group. He was lead e-discovery counsel in Global Aerospace v. Landow Aviation, the first case in the country to authorize the use of TAR over the objection of opposing counsel.
Simon advises national and international clients on German and European data protection law. Simon studied law at Humboldt-University Berlin. He has been with Gleiss Lutz since 2017. Simon speaks German and English.
Mary Mack, CEDS, CISSP
Mary Mack, Esq., CEDS, CISSP is the executive director of The Association of Certified E-Discovery Specialists (ACEDS) and is known as an eDiscovery leader and pioneer. Mack authored the very first book on the field, A Process of Illumination: The Practical Guide to Electronic Discovery. Her follow-up book, eDiscovery for Corporate Counsel published by Thomson Reuters, co-edited with Carole Basri, is now in its eighth edition. Mack has pioneered processes, helped build the global eDiscovery community and written articles and posts that have helped build the industry. She is widely known for her technical expertise, and has served as product counsel and subject matter expert. She is an internationally recognized speaker and frequently sought after for her expert opinion on the complex issues facing our industry and the people in it. Mack was just recently honored with Relativity’s Stellar Woman in eDiscovery nomination and was included in a book as one of “100 Fascinating Females Fighting Cyber Crime” by Cyber Ventures.