This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom under the Clarifying Lawful Overseas Use of Data...more
Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and case developments from the past month,...more
Most of the world’s popular telecommunications services, like social media platforms and message services, operate within the United States, but many operate overseas as well. Law enforcement in the United States and...more
Under a new agreement between the United States and the United Kingdom, communications service providers in the United States may soon begin to receive legal process directly from law enforcement agencies in the United...more
Let’s say you are an EU company. You engage a processor. Data is processed in the EU. There is no transfer. But in the processor-sub-processor data processing agreement, the data processor reserves the right to disclose...more
The German Data Protection Conference (DSK) has issued an expert opinion on the state of surveillance laws in the United States. Needed: Schrems-proof mascara, the next level waterproof for all the “Cry and Pray” that...more
In March 2019 Dechert reported that the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) had granted UK authorities new extra-territorial powers....more
On October 9, 2020, there were media reports that the French Data Protection Authority (CNIL) had expressed concerns regarding the hosting by Microsoft (EU) of the French centralized public health database (the Health Data...more
Last month the UK-US Bilateral Data Access Agreement (“Agreement”) came into effect. It is the first agreement to be put in place under legislation introduced to address contemporary challenges to data-gathering by domestic...more
UK law enforcement can now obtain an order against a person in or operating in the US for the production of or access to electronic data under a new ‘landmark’ US-UK data sharing agreement. The agreement has been heralded...more
The Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), a United States federal law, will be celebrating its two-year anniversary on March 23, 2020. It was effectively, and primarily, an amendment to the Stored...more
The United States and the United Kingdom entered into the world’s first ever Clarifying Lawful Overseas Use of Data Act (CLOUD Act) agreement on October 3, 2019 (the Agreement). The Agreement, which will enter into force...more
The ways that businesses communicate have changed a great deal over the past twenty years. In the good ol’ days, most communicative dealings happened in a prestigious boardroom or over the phone, with no record of exactly...more
CEP Magazine, December 2019 - The US forged two agreements in the span of a week regarding the sharing of electronic data for law enforcement purposes with the governments of Australia and the UK. The agreements help each...more
FBI Issues Updated Ransomware Guidance - A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more
Insights from Latham’s flagship event: Managing the risk and promise of digitisation in financial services. In a bid to keep pace with rapid advances in cloud adoption across financial services, regulators have published a...more
Companies storing or moving large quantities of digital information routinely receive subpoenas, court orders and warrants from United States law enforcement seeking subscriber information and related data and records....more
On October 3, 2019, the United States and the United Kingdom entered into the world’s first ever agreement (the Agreement) under the Clarifying Lawful Overseas Use of Data Act (the CLOUD Act), the text of which has now become...more
The UK Home Office and the U.S. Department Of Justice (“DOJ”) have signed an agreement (the “Agreement”) which will enable British and U.S. law enforcement agencies to compel UK and U.S. cloud service providers (“CSPs”) to...more
The Department of Justice announced that the United States and the United Kingdom have reached a bilateral agreement under the CLOUD Act that would permit service providers to disclose data in response to requests issued...more
This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more
The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e - newsletter, which offers a legal and regulatory update covering France and Europe for April 2018. ...more
“Currently, unless a US CLOUD Act warrant is recognized or made enforceable on the basis of an international agreement, the lawfulness of such transfers of personal data cannot be ascertained” – EDPB/EDPS Joint response on...more
Over a year following enactment of the U.S. “Clarifying Lawful Overseas Use of Data” or CLOUD Act, significant questions remain unanswered about the law and its potential impact on global investigations involving cloud stored...more
In its first official statement about the CLOUD Act – the Clarifying Lawful Overseas Use of Data Act – the U.S. Department of Justice has published a white paper, “Promoting Public Safety, Privacy and the Rule of Law Around...more