Draft EU CLOUD Proposal—Enabling Law Enforcement Access to Overseas Data

To strengthen cross-border cooperation in investigations,the European Commission has proposed legislation allowing EU Member State authorities to access, directly from services providers, electronic evidence held outside of the European Union or in another EU Member State.

The draft Regulation enables authorities to directly request a service provider in another Member State to disclose data about a user within 10 days, or six hours in emergency cases. The draft Directive requires Member States to enact legislation requiring service providers to designate a representative in the European Union for responding to cross-border production and preservation orders.

Source: Draft EU CLOUD Proposal—Enabling Law Enforcement Access to Overseas Data – Lexology