When Aerospatiale Meets The GDPR: Can U.S. Litigants Expect Limits On Discovery Of EU Personal Data?

When the General Data Protection Regulation (GDPR) takes effect on May 25, 2018, the European Union will begin enforcing its new data protection regime. The implications of the GDPR extend to discovery practices in U.S. litigation and will require organizations to attempt to reconcile competing obligations regarding data preservation and production. This client alert outlines this conflict of laws and proposes that the GDPR may give new ammunition to organizations seeking to limit discovery of EU personal data in U.S. litigation.