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In response to escalating cybercrime, the Clarifying Lawful
Overseas Use of Data (CLOUD) Act was enacted to grant law
enforcement agencies increased access to foreign electronic data
relevant to certain criminal investigations. Specifically, the
CLOUD Act aims to remove impediments faced by U.S. law enforcement
when trying to access data stored by U.S. companies overseas, and,
similarly, difficulties faced by foreign law enforcement when
attempting to obtain data stored in the U.S.
Below, Robert deBrauwere, Co-Chair of Pryor
Cashman's Digital Media Group, examines the context in which
the CLOUD Act was created; the legal risks foreign companies should
consider when hiring U.S.-based operators that store data overseas;
and offers recommendations for companies struggling to decide where
their data should be stored.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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