The Evolution of Discovery and Disclosure Laws in Key Jurisdictions Around the World

Jim Calvert will present on the panel “The Evolution of Discovery and Disclosure Laws in Key Jurisdictions Around the World” as part of the Sedona Conference Working Group 6 Annual Meeting 2026. The program will take place on Thursday, February 26, from 9:15 – 10:30 a.m. CEST.

Countries around the world have constructed and expanded information privacy and security regulations in response to an explosion of data and information volume and complexity. The increased use of automation and AI has brought innovation but also additional complexity to cross-border data and information flows. How have these developments impacted discovery and disclosure law in key jurisdictions? Are examples like Article 18 of the EU Directive (EU) 2020/1828 on Representative Actions, which requires EU Member States to ensure that national procedural law includes the power to order evidence disclosure – subject to confidentiality and proportionality considerations – indicative of a general broadening of disclosure scope around the world or aberrations within a sector-specific context? What changes, if any, have been made in discovery and disclosure procedural law to adapt to the changing data and information landscape? What impact has the expansion of attorney-client privilege for in-house and foreign counsel in countries like Spain, the Netherlands, and elsewhere had on cross-border discovery and disclosure? This panel will consider these questions and lead a dialogue on notable recent changes impacting global discovery and disclosure.