Practical challenges for conducting cross‐border internal investigations of data incidents

External “data incidents” may range in seriousness from an isolated ping of a corporate server to a full‐fledged exfiltration of sensitive data, but it is safe to assume that the activity leading to an incident was not purely domestic. In today’s interconnected world, it is difficult to engage in any cyber activity, legitimate or nefarious, that does not involve some degree of cross‐border data transmission. The panel will explore the legal, regulatory, and social considerations that come into play when conducting investigations of activities that may have occurred in other countries, including relationships with local law enforcement, the legal privilege rules in applicable in different jurisdictions, and the need for “on the ground” intelligence.