Electronic Discovery, usually e-Discovery is used. It is a concept dealing with collecting, processing and presentation of electronic evidence, which is further used in legal disputes. The aim of e-Discovery is to discover all evidence that is relevant to judicial proceedings. Both sides can create an initial idea of the evidence which each of them has.
In today’s globalized business environment, full of new technologies such as social media, remote work and cloud computing, it will be for European companies with headquarters in other jurisdictions (e.g. the U.S.) very difficult to solve the legal dispute that began in the United States. If the evidence is placed on the European Union member’s server, it will be subject to EU regulations that restrict the processing and transfer of such data to the United States. This is where a good knowledge of management of transboundary evidence becomes necessary, as well as close cooperation between legal and IT staff in both countries.
e-Discovery in practice: eDiscovery tools can be used in internal corporate investigations or external investigation by the regulator. The term e-Discovery is widely used in areas such as USA, UK, Australia and South Africa. In continental law jurisdictions, however, the term e-Discovery hasn’t been so widespread yet.
New offenses such as Denial of Service attack on internet services or sites causing their dysfunction, require new legal approaches. Theme relates to lawyers, prosecutors, forensic investigators, IT managers, police and courts.
Among the leading companies in e-Discovery include Nuix, Relativity, Kroll Ontrack, Symantec (Clearwell), HP (Autonomy) and AccessData.
Comments
You cannot contribute to the discussion because it is locked