With the Safe Harbour framework crumbling and 'shadow IT' the new normal, the world of e-discovery and data risk is changing rapidly Q: What impact will the recent ruling on Safe Harbour provisions have in the context of e-discovery? Neil Mirchandani, litigation partner, Hogan Lovells: The recent decision of the Court of Justice of the European Union means that transfers of personal data from the EU to the US covered by the Safe Harbour framework will be unlawful unless authorised by data protection authorities or within one of the legal exemptions. Under certain circumstances e-discovery will qualify as an exemption but the situation will be different from state to state, so every potential transfer will need to be considered on a case-by-case basis
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