“Our global clients have asked us to provide local support and data hosting capabilities in jurisdictions with tough data protection laws,” said Andy Macdonald, CEO of First Advantage Litigation Consulting. “As U.S. and EU-based governments more vigorously apply anti-corruption and industry regulations, our clients must be able to comply with Swiss laws that severely restrict the use and movement of documents and electronic materials being sourced for investigations and disputes.”
Although data protection laws have existed in Europe for many years, the expectation of privacy and the basic concept of data protection are often not well-understood in jurisdictions that do not have a similar background of statutory data protection in the private sector, such as the United States. Failure to meet requirements can mean serious civil and criminal liability, dramatically increasing the overall cost and risk of litigation.
EMEA General Manager Rob Brown notes, “Multi-national corporations pursuing eDiscovery matters face a number of legal and organizational issues, but with a pragmatic approach, these hurdles can be overcome. The biggest difficulty in most cases is bridging the gap between the legal cultures of the United States and Europe with respect to data protection and, in the case of Switzerland, its blocking statutes.*”
Says Macdonald, “Our deep experience with global investigations and litigation, combined with our local project management and data center, enable us to meet the increasingly complex needs of our clients. The expansion into Switzerland also demonstrates our ongoing commitment to support our clients across North America, Europe and Asia.”
For further information about support in Zurich, please visit http://fadvlit.com.
*Notes to editor
Blocking Statutes: (1) Article 271 of the Swiss Penal Code prohibits the gathering or taking of evidence in Switzerland for use in a foreign proceeding, unless this is done through judicial assistance (as provided for in the Hague Convention on Taking Evidence Abroad in Civil or Commercial Matters). For instance, the article may be triggered if a company is obliged to produce emails located in Switzerland as part of a discovery request. Article 271 may even apply in cases in which electronic files stored on Swiss territory are remotely accessed from abroad for the purpose of a foreign proceeding. (2) Article 273 of the code may prohibit disclosing business secrets of third parties residing in Switzerland to foreign states and foreign entities (including affiliates and parent companies).
About First Advantage Litigation Consulting
First Advantage Litigation Consulting is an international eDiscovery and managed review provider with extensive experience in litigation, antitrust, second requests, and internal and external investigations. The company supports law firms and corporations with cost-effective, end-to-end litigation services that include data collection, computer forensics, expert testimony, multi-lingual and on-site data processing, hosting and document review. Safe Harbor certified, the company can deploy its services rapidly and efficiently to clients anywhere in the world from offices and data centers in North America, Europe and Asia. For more information, please visit http://www.fadvlit.com.
About Symphony Technology Group
Symphony Technology Group (STG) is a strategic private equity firm with the mission of investing in and building great software and services companies. In addition to capital, STG provides transformation expertise to enable its companies to deliver maximum value to their clients, to drive growth through innovation, to retain and attract the best talent and to achieve best in class business performance. STG’s current portfolio consists of 14 global companies. For more information, please visit http://www.symphonytg.com/
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