Electronically stored data play a vital role in criminal investigations. The framework for the transfer of such data across national borders continues to be difficult to navigate. Recent legislative developments in the United States and the European Union signal a change in the approach to cross-border data transfer for law enforcement purposes on both sides of the Atlantic.
This Client Update sets out the main provisions of the recently adopted U.S. Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) and of the draft EU regulation on sharing electronic evidence (“e-Evidence Regulation”). It then considers their implications not only for … Read more