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EU Proposal Would Complicate Workplace Evidence Gathering

PRIVACY LAW—EU & U.S.

September 20, 2012

If the EU adopts its new data protection proposal, companies could have a difficult time conducting internal investigations that rely on collecting documents and e-mail from employees, Corporate Counsel reports. EU regulations already make it difficult for lawyers to gather information—including data stored on company computers and servers, the report states. But the new proposal “eliminates the most convenient way of gathering evidence for U.S. legal compliance purposes,” said DLA Piper’s Jim Halpert. He added that under current law, lawyers can gather information if given voluntary employee consent. But under the EU’s proposal, that consent, “even if freely given,” would be deemed “invalid.”
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