Civil Cases: Disclosure, Legal Hold and Electronic Signatures
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In a civil case there is no search warrant. The parties hold the evidence, and each must show the other what it has. Today that evidence is email, chat, shared drives and signed files. A company that deletes the wrong mailbox can lose a case that it should have won.
This unit covers three things that a civil lawyer and a company meet every week: electronic disclosure, the legal hold, and proof of an electronic signature.
Focus: keep it, find it, show it, prove it. And take no more personal data than the case needs.
Learning objectives
- Explain how disclosure of electronic material differs from disclosure of paper.
- Start a legal hold, and say what can follow if data is lost.
- Apply proportionality and data minimisation to a request for records that hold personal data.
- Handle social-media material in a civil claim.
- Explain "functional equivalence" and list what must be proved about an electronic signature.
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