Multilingual Legal Translations and International E-Discovery Challenges

We’ve blogged about multilingual legal document translation services and international e-Discovery, and about certified legal translations of EU Data Protection Legislation and its impact on US companies. We also talked about multilingual document translation, recruitment interview and the employer’s right to know.

In addition to the many conflicting global e-discovery case laws and regulations, there’s also the challenge of differing international approaches to privacy concerns that further complicate the e-discovery process. It’s safe to say that nearly every country worldwide has specific laws in place to prevent the disclosure or dissemination of personal and private information. The problem is, rarely are two approaches the same – as some jurisdictions employ secrecy laws and others –privacy statutes or blocking regulations.

What’s the difference? Although you’ll likely need a professional foreign language translation to understand the specific details, in general the following can be assumed:

  • Privacy statutes are geared towards protecting consumers and their personal information.
  • Secrecy laws are often commercial in scope and used to protect corporate and banking data.
  • Blocking statutes are typically enacted for the express purpose of complicating the very liberal US discovery process.

Added to this are various local cultural customs and norms – such as the degree of privacy in the workplace. The bottom line is that prior to making a discovery demand, it is essential to review the local rules and regulations and, based on these findings, plan accordingly.

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