On 8th June, Foley & Lardner published a briefing about the implications of the CLOUD (Clarifying Overseas Use of Data) Act.  It says that the theory behind the CLOUD Act is that it removes much of the “red tape” federal investigators previously faced when seeking private citizen data stored in foreign nations but controlled by US companies.  In the past, sharing data with a country not covered by a MLAT involved a process for approval that could take months, potentially nullifying the usefulness of the data.  The CLOUD Act grants allows for authority to approve immediate data-sharing arrangements with foreign nations.  Another important feature of the CLOUD Act, the article says, is that it expressly grants law enforcement officials the ability to order production of digital records, regardless of where the data physically is stored.  Data storage companies may petition a court to resist disclosure, but they are required to ensure the data is still accessible if a court chooses to enforce the search warrant.  The article considers tha question, will the CLOUD act comport or conflict with the EU GDPR?  It concludes that the CLOUD Act could have major implications in the world of e-commerce.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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