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
11/25/2020
/ CLOUD Act ,
Cloud Computing ,
Cooperation Agreement ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Cross-Border ,
Electronically Stored Information ,
Enforcement Authority ,
Extraterritoriality Rules ,
International Litigation ,
Request for Production ,
UK
Key Takeaways -
The EU-U.S. Privacy Shield does not ensure an adequate level of protection of personal data and is therefore not a lawful basis for data transfers to the U.S....more
7/24/2020
/ Binding Corporate Rules ,
Court of Justice of the European Union (CJEU) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
International Data Transfers ,
Personal Data ,
Privacy Laws ,
Risk Assessment ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
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
10/10/2019
/ Bilateral Agreements ,
CLOUD Act ,
Cloud Service Providers (CSPs) ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Cross-Border ,
Discovery ,
Electronically Stored Information ,
Enforcement Actions ,
Government Investigations ,
UK
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
7/22/2019
/ Bilateral Agreements ,
CLOUD Act ,
Cloud Service Providers (CSPs) ,
Cloud Storage ,
Comity ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Criminal Investigations ,
Customer Information ,
Department of Justice (DOJ) ,
ECPA ,
Electronically Stored Information ,
EU ,
Extraterritoriality Rules ,
France ,
International Litigation ,
International Treaties ,
Law Enforcement ,
Qualified Foreign Governments (QFGs) ,
Self-Reporting ,
Stored Communications Act ,
Subpoenas ,
UK ,
Warrants ,
White Papers
On February 12 2019 the Crime (Overseas Production Orders) Act 2019 (the “COPO Act”) came into force in the UK. This new law gives UK authorities (including the Serious Fraud Office (“SFO”) and the Financial Conduct Authority...more
3/8/2019
/ CLOUD Act ,
Cloud Service Providers (CSPs) ,
Crime (Overseas Production Orders) Act 2019 (the COPO Act) ,
Designated International Co-Operation Agreement (DICA) ,
Document Productions ,
Electronically Stored Information ,
Financial Conduct Authority (FCA) ,
Foreign Jurisdictions ,
HMRC ,
International Litigation ,
Long Arm Statute ,
National Crime Agency (NCA) ,
Nexus ,
Overseas Production Order (OPO) ,
Serious Fraud Office (SFO) ,
UK ,
UK Brexit
In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more
7/18/2018
/ Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Criminal Convictions ,
Electronic Records ,
Electronically Stored Information ,
Exigent Circumstances ,
Fourth Amendment ,
Geolocation ,
Location Data ,
Probable Cause ,
Reasonable Expectation of Privacy ,
Remand ,
Reversal ,
SCOTUS ,
Third-Party ,
Warrantless Searches
The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more
4/16/2018
/ CLOUD Act ,
Cloud Service Providers (CSPs) ,
Cloud Storage ,
Criminal Investigations ,
Data Privacy ,
Electronic Communications ,
Electronically Stored Information ,
Extraterritoriality Rules ,
Foreign Governments ,
General Data Protection Regulation (GDPR) ,
International Litigation ,
Law Enforcement ,
Motions to Quash ,
New Legislation ,
Search Warrant ,
Stored Communications Act ,
Subpoenas ,
US v Microsoft
In the wake of the national financial crisis, both the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) publicly committed themselves to enhanced enforcement of federal financial laws...more