Archive - February 2023

1
Bumps in the Road for a US Adequacy Decision Under GDPR
2
Reminder: Attorneys’ Duty of Competence Extends to Technological Competence

Bumps in the Road for a US Adequacy Decision Under GDPR

As discussed in a prior post on this blog, electronic discovery that requires the processing and use of records and information that includes the personal data of individuals residing in the and the European Economic Area (“EEA”) must often incorporate measures to allow for compliance with the European Union’s General Data Protection Regulation (“GDPR”), which contains a number of requirements and limitations regarding the processing of such personal data and its transfer to countries outside the EEA.

Read More

Reminder: Attorneys’ Duty of Competence Extends to Technological Competence

Within each United States jurisdiction in which attorneys are licensed to practice law, the relevant rules of professional responsibility require attorneys to meet a duty of competence. Such competence is not limited to legal judgment and skill. Instead, this legal ethical duty has been interpreted by most of these jurisdictions to include a duty of technological competence. Technological competence is particularly important when attorneys advise clients regarding electronic discovery, information governance, and other legal issues involving electronic data and information systems.

Read More

Copyright © 2022, K&L Gates LLP. All Rights Reserved.