ABSTRACT

With the European Union’s General Data Protection Regulation taking effect on 25 May 2018, we undertook to assess whether portable (or mobile) eDiscovery solutions were developed or repurposed towards GDPR use in the lead up to the regulation’s implementation date.

This chapter assumes a basic familiarity with the GDPR and starts by providing a high level overview of those provisions of the GDPR that are implicated by eDiscovery efforts. We then turn to portable eDiscovery solutions – namely those solutions that take discovery efforts and capabilities to the source of the data – discussing both the technical capabilities of some of the available systems and the marketing of these solutions. Finally, we will assess whether and to what extent such solutions address or facilitate GDPR compliance.