When Cross-Border FCPA Investigations Run Into EU Privacy Law

Attempts to conduct a cross-border Federal Corrupt Practices Act investigation can run head-on into EU privacy law, providing numerous avenues for non-cooperation to suspected wrong-doers. Consider, for example, that European law requires persons whose data will be processed to be given notice of the processing, after which they must give permission to process it. Despite these issues, says DLA Piper attorney Carol A.F. Umhoefer, “there may be ways to manage an FCPA investigation so as to minimize EU data protection risks.”