Storm on the Horizon: How the U.S. CLOUD Act May Interact with Foreign Access to Evidence and Data Localization Laws

The U.S. Clarifying Legal Overseas Use of Data Act also known as the CLOUD Act, was enacted in March 2018...

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Storm on the Horizon: How the U.S. CLOUD Act May Interact with Foreign Access to Evidence and Data Localization Laws

    Author: Shelli Gimelstein

    The U.S. Clarifying Legal Overseas Use of Data Act also known as the CLOUD Act, was enacted in March 2018 to provide a way to harmonize global law enforcement efforts by allowing for the sharing of data among foreign governments. However, the CLOUD ACT could conflict with the EU’s General Data Protection Regulation (“GDPR”), and various countries’ data protection and localization laws. This could cause a highly complicated and expensive compliance burden on all businesses — small and large.

    Shelli Gimelstein provides an expert legal analysis of the CLOUD Act, potential conflicts with policies enacted by other countries and provides a look at what might happen going forward.