Stuck in the Middle with You: When U.S. Discovery Orders Hit the GDPR

Gary Weingarden, Counsel, Data Protection Officer, Notarize, Inc., USA
Matthias Artzt, Senior Legal Counsel, Deutsche Bank AG, Germany

Civil litigants in the United States have broad rights to information—from each other and from others not involved in the litigation, whether or not they are within the U.S.. Other countries often have more limited “discovery” rights, and often have confidentiality or privacy laws that restrict sharing information or transferring that information across borders, like the GDPR. This often generates conflicts for those who are required by U.S. law to deliver evidence but forbidden to do so by their own local law. In fact, U.S. law permits those litigating cases in non-U.S. venues to use its generous discovery rules where the person from whom they seek information resides or is found in the U.S.. So cross-border discovery conflicts do not always come from litigation in U.S. Courts.

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Germany USA Data Protection Banking & Finance January 2021 Vol.14, No. 54, Winter 2021

Gary Weingarden

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Gary Weingarden is counsel and Data Protection Officer at Notarize, Inc. Before joining Notarize, he was an attorney in the financial services industry, most recently working at Quicken Loans Inc. and some of its affiliated companies. Gary has advised clients about contracts, privacy, security, and e-commerce issues for over a decade and has been practicing law for 28 years. He is a graduate of The University of Michigan Law School and is a member of (ISC)2, ISACA, IAPP, and is a licensed to practice law in Hawaii and Michigan. He has multiple certifications in privacy (CIPP/E, CIPM, CDPSE, and CIPT among them), Security, and Compliance and Ethics. He has authored multiple articles on privacy law.

Matthias Artzt

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Dr. Matthias Artzt is a certified lawyer and senior legal counsel at Deutsche Bank AG since 1999. Prior to joining Deutsche Bank he worked as a lawyer at a law firm in Stuttgart, Germany. He has been practicing data protection law for many years and was particularly involved in the implementation of the GDPR within Deutsche Bank AG. He advises internal clients globally regarding data protection issues as well as complex international outsourcing agreements involving data privacy related matters and regulations. He is a graduate of the University of Tübingen, where he obtained his Doctor of Law degree. Moreover, he is a member of the International Association of Privacy Professionals (IAPP) and since January 2018 a Certified Information Privacy Professional/Europe (CIPP/E). Since January 2020 he is also a member of the European Advisory Board of the IAPP. Matthias is the author of numerous articles on data protection law. Particularly, he is the co-editor and co-author of the recently released Handbook of Blockchain Law (published by Wolters Kluwer). Further, he is a regular panel speaker on various national and international conferences, seminars and webinars, e.g. at the Central Bank of Brazil in 2018. He has an in-depth knowledge of the GDPR and its interfaces with other topics such as Cloud Computing, Big Data, AI, Blockchain, US-Cloud Act and PSD2.

Notarize, Inc.

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Provider of remote notarization services.

Deutsche Bank AG

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Deutsche Bank AG

Germany USA Data Protection Banking & Finance January 2021 Vol.14, No. 54, Winter 2021

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