European Union: Disclosure & Electronic Discovery & Privilege

The European Commission's broad information-gathering powers came under scrutiny when Vivendi and Lagardère challenged requests for documents from personal devices during a gun-jumping investigation. The General Court's dismissal of these challenges confirms that competition authorities can access professional communications on personal devices, even when fundamental rights concerns are raised, provided appropriate safeguards are in place.

At the heart of this year's legal discourse was the critical question: do requests from authorities override legal privilege, or do such actions infringe upon fundamental human rights...

In today's digital age, legal professionals face an ever-increasing volume of electronic data in litigation and regulatory matters.