Increasing concern over data breaches and privacy made data law a critical concern in 2014, and its importance is only set to increase. However, our research shows corporate organizations are not giving data governance the attention it deserves. Only a third of senior executives believe information governance is very important.

1. E X E C U T I V E O V E R V I E W
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Data Law 2015
THE OUTLOOK FOR DATA E-DISCOVERY, PRIVACY AND PROTECTION
KEY FINDINGS
ƒƒ US IT vendors are at a competitive disadvantage in international business due to international perceptions about
the lack of data privacy protection in the US.
ƒƒ Data discovery, privacy and protection will continue to grab media headlines and public concern in 2015. Never-
theless, corporate organizations will continue to treat data legal exposure and regulatory compliance as a form of
legalized gambling, not wanting to pump money into endeavors where there’s no tangible return on investment
– despite the lessons of The Home Depot, Sony, Target and TJX.
ƒƒ Although many argue that comprehensive information governance (IG) is an effective way to address these legal
and regulatory challenges, for the third year in a row, data from our annual 451 Research survey indicates IG is
still not a corporate priority, leaving many corporate organizations exposed to legal liability and monetary losses.
ƒƒ We expect both the e-discovery amendments in the US and the EU GDPR to be approved in 2015. However, we
predict the effect of the US e-discovery amendments will be minimal, and the EU regulations would not take effect
until 2017. In addition, we caution that, although the GDPR was approved by the European Parliament in March
2014, it must still be approved by the European Council, and political pressures could affect ultimate passage.
As legal changes continue to multiply across the globe, new alarm over data privacy and almost daily data
breaches made data law a critical topic during 2014 – and there will be more of the same in 2015. In this
report, we analyze developments in e-discovery, data privacy and data protection; look ahead to upcoming
data legal landmines in 2015; and analyze how these laws affect corporate business.
FEB 2015

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451 RESEARCHE X E C U T I V E O V E R V I E W
REPORT SNAPSHOT
TITLE Data Law 2015
ANALYST David Horrigan, Esq., Analyst and Counsel,
Information Governance and Compliance
RELEASE DATE February 2015
LENGTH 25 pages
ABOUT THIS REPORT
Increasing concern over data breaches and privacy made data law a critical concern in
2014, and its importance is only set to increase. However, our research shows corpo-
rate organizations are not giving data governance the attention it deserves. Only a
third of senior executives believe information governance is very important.
This report reviews data from 451 Research’s ChangeWave and TheInfoPro services to
examine the state of data law in 2014 and how it will evolve in 2015. The coming year
is set to be a time of significant change in the world of data law, in both the US and the
world at large.

3. Data Law 2015
© 2015 451 RESEARCH, LLC AND/OR ITS AFFILIATES. ALL RIGHTS RESERVED.
TABLE OF CONTENTS
SECTION 1: EXECUTIVE SUMMARY 1
1.1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 KEY FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.3 METHODOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
SECTION 2: AN OVERVIEW OF DATA LAW: DISCOVERY, PRIVACY
AND PROTECTION 4
2.1 DEFINING DATA LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Figure 1: The Three Components of Data Law . . . . . . . . . . . . . . . . . . . . . 4
2.1.1 Data Discovery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.1.2 Data Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.1.3 Data Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
SECTION 3: DATA DISCOVERY LAW IN 2015 8
3.1 US FEDERAL RULES OF CIVIL PROCEDURE . . . . . . . . . . . . . . . . . . . 8
Figure 2: Various Bodies Must Approve Amendments to the US Federal
Rules of Civil Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Figure 3: 2014 US E-Discovery Decisions . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION 4: DATA PRIVACY LAW IN 2015 14
4.1 EU GENERAL DATA PROTECTION REGULATION . . . . . . . . . . . . . . . . 14
4.2 US-EU SAFE HARBOR FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . 17
4.3 ADDITIONAL INTERNATIONAL DATA PRIVACY LAW DEVELOPMENTS . . . . . . 18
Figure 4: Data Privacy Rulings Around the World . . . . . . . . . . . . . . . . . . . 18
SECTION 5: DATA PROTECTION LAW IN 2015 19
5.1 EU GENERAL DATA PROTECTION REGULATION . . . . . . . . . . . . . . . . 19
5.2 US DATA BREACH LAWS AND REGULATIONS . . . . . . . . . . . . . . . . . . 19
5.3 DATA BREACH ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . 21
Figure 5: Data Breach Enforcement Under the Federal Trade Commission Act . . . . . 23
SECTION 6: CONCLUSIONS 25
INDEX OF COMPANIES 26

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