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Cloudy with a Chance of Clearing: U.S. CLOUD Act and European Response
8 May 2018
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Recently adopted U.S. Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) and the draft EU regulation on sharing electronic evidence (“e-Evidence Regulation”) signal a potential change in the approach to cross-border data transfer for law enforcement purposes.
The CLOUD Act creates a new mechanism for U.S. and foreign law enforcement agencies to request data located abroad from providers of electronic communications and remote computing services. The e-Evidence Regulation, if enacted, provides an analogous process for law enforcement agencies in the EU Member States.
Both would allow targets of law enforcement to challenge requests on the basis of conflict with foreign law.
These developments suggest that legislators on both sides of the Atlantic may be slowly moving towards a more harmonized approach to foreign data collection, which would benefit companies often caught in the middle of conflicting U.S. and EU legal demands.
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