In his recent Observatoire FIC article Lost in the Cloud? Law Enforcement Cross-border Access to Data After the “Clarifying Lawful Overseas Use of Data” (CLOUD) Act and E-Evidence, Professor Théodore Christakis of the University Grenoble Alpes provides a European view of the Cloud Act and a possible executive agreement between the U.S. and EU. The article explains how the Microsoft Ireland case, the Cloud Act, and the proposed EU E-Evidence Regulation connect, and outlines potential obstacles including conflict between the U.S.’s preference to negotiate with individual Member States and the EU’s preference to negotiate on behalf of all Member States.
The full article is available in English and French.
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