Note: The U.S. Discovery-EU Privacy Directive Conflict: Constructing a Three-Tiered Compliance Strategy

Abstract

This note examines the conflicts of laws issue faced by trans-border civil litigants attempting to comply with both the U.S. Federal Rules of Civil Procedure and the requirements of the EU Privacy Directive. This note first sifts through the quagmire of regulations, and then attempts to help trans-border litigants view the U.S. discovery-EU data protection conflict through a transnational legal lens, and concludes by constructing a three-tiered strategy for compliance that respects U.S., EU and international law.

Keywords: Civil Procedure, EU Data Protection, Data Security