Virtuelle Datenräume in German Litigation: Securing the Legal Discovery Phase

In the context of German litigation and internal investigations, the concept of legal discovery ($\text{Beweissicherung}$ or $\text{Auskunftspflicht}$) differs fundamentally from the broad, mandatory discovery phases seen in common law systems like the U.S. While German courts generally require parties to plead facts and offer evidence rather than permitting "fishing expeditions," the need for secure, controlled, and compliant document exchange is paramount, especially in complex commercial disputes, cross-border cases, and regulatory investigations that involve electronic documents ($\text{eDiscovery}$).

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