German companies switch to e-discovery methods

Two-thirds of in-house counsel in German companies are using e-discovery in domestic litigation even though there is no legal requirement for discovery.

German corporate counsel are using e-discovery in domestic litigation haveseen

E-discovery technology developer Kroll Ontrack has researched the use in Germany and discovered that it is now widespread. Nearly six out of ten of the companies involved in their research (covering 'a range of companies operating in Germany representing a cross-section of industries') have already employed e-discovery systems. 

Slower than the US

Tim Phillips, managing director of Kroll Ontrack, said: 'The demand for ediscovery solutions and services in Germany has been comparatively slower to build than in the UK and US - mainly because it is not required under Germany’s legal framework. This has changed partly because German companies have faced an increased level of litigation and arbitration cases from outside Germany where e-discovery is a recognised procedure.' 

Regulatory inquiries

The main areas in which German corporates use e-discovery are in cases arising outside Germany, domestic cases, internatl investigations, German regulatory investigations and European regulatory investigations. Source: Business Wire

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