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ELECTRONICDISCLOSURE · A GUIDE FOR UK LAWYERS Electronic Disclosure Explained A Practical Guide for UK Lawyers COMPUTER FORENSICS LAB DISCOVERY. UK

§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM FULL CHAIN-OF-CUSTODY DOCUMENTATION

§ CONTENTS In this guide 01 Executive summary 02 What exactly is electronic disclosure? The problem in plain English 03 How e Disclosure differs from simply exchanging documents 04 e Disclosure and its neighbours: forensics, review and information governance 05 Why it matters legally: duties, rules and sanctions 06 The legal framework: England & Wales, and where the rules differ 07 Important terminology 08 The complete lifecycle: identification to disposal 09 Practical workflow and decision tree 10 Preservation: legal holds done properly 11 Collection methodology and evidential integrity 12 Metadata: the evidence about the evidence 13 Privilege and confidential it y 14 UK GDPR, data minimisation and the Data (Use and Access) Act 15 Proportionality 16 Realistic litigation examples 17 Common mistakes and technical limitations 18 Questions to ask: client, opponent, provider 19 Suggested wording for instructions 20 Checklist and red flags 21 When to involve a digital forensic expert 22 Frequently asked questions 23 Glossary · References · Disclaimer · How a specialist laboratory can assist

§ 01 · ORIENTATION Executive summary SEVEN POINT S TO HOLD ON TO 31 and PD 31B govern most other civil claims. Know which applies before the first case management THEONE - SENTENCEVERSION

§ 02 · FIRST PRINCIPLES What exactly is electronic disclosure? The problem in plain English IDENTIFICATION PRESERVATION COLLECTION PROCESSING REVIEW & PRODUCTION PRESENTATION DISPOSAL ANALYSIS

§ 03 · THECOREDISTINCTION How e Disclosure differs from simply exchanging documents FOR THE PRACTITIONER DIMENSION "SIMPLY EXCHANGING DOCUMENTS" EDISCLOSURE DONE PROPERLY