Law360 (August 10, 2020, 5:25 PM EDT) — Last month the bilateral data access agreement between the U.S. and the United Kingdom 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 authorities where data is located overseas.
The agreement is a novel step for cross-border law enforcement cooperation, but rests on domestic legislation in each nation: the U.K.’s Crime (Overseas Production Orders), or OPO, Act 2019 and the U.S.’s Clarifying Lawful Overseas Use of Data, or CLOUD, Act, which amended the existing Stored Communications Act.
There are significant differences between the U.K. and U.S….
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