U.S. Department of Justice Announces U.S. – UK CLOUD Act Agreement
On October 3, 2022, the U.S. Department of Justice announced that the agreement between the U.S. Government and the UK Government on Access to Electronic Data for the Purpose of Countering Serious Crime entered force, effect the same day.
The CLOUD Act Agreement, which is authorized by the U.S. Clarifying Lawful Overseas Use of Data (“CLOUD”) Act, is the first of its kind and will allow each country’s investigators to gain access to data held by service providers in the other country, for the purpose of combating serious crime.
To invoke the CLOUD Act Agreement, numerous requirements must be met, including that a data request made under the Agreement must be related to a serious crime and must not target persons located in the country where the request is being sent.