Cross-Border Data Forum Bannner


Theodore Christakis

Three Scenarios for the Way Forward (and a Recommendation) Despite the very short available time, I have tried in Part 1 and Part 2 of this article to carefully review the EEGs and Supplementary Measures guidelines. Based on my review, there are two central conclusions that emerge from the EDPB publications on November 11: (1) Third countries might rarely if ever meet the EEG requirements. This means that, beyond the 8 sovereign States/12 entities that have the opportunity of benefiting today from [...]
In the first part of this analysis, published here, I explained why a great number of third countries might not meet the “Essential European Guarantees” (EEG) as set forth by the EDPB. In the second part of this paper I will assess the important difficulties entities will face in using supplementary measures that would enable transfers to countries that lack such guarantees. Tomorrow morning the ELB will publish the final part of this article which includes a discussion of three [...]
The 2019 international agreement between the United Kingdom and the United States[1] on access to electronic evidence has attracted wide attention as a new tool of international assistance in criminal matters.[2]  Historically, countries have conducted such cooperation pursuant to mutual legal assistance treaties (MLATs). The UK-US CLOUD Agreement, however, is the first international instrument putting in place a new mechanism providing that law enforcement authorities can request e-evidence directly from a cloud service provider, without going through MLAT procedures. [...]
2020 should be an important year for E-Evidence in the European Union (EU). Taking into consideration the significant legal challenges from the globalization of criminal evidence and considering that traditional instruments for cross-border cooperation such as Mutual Legal Assistance Treaties (MLAT) are too slow and cumbersome, the European Commission proposed, on 17 April 2018, “E-Evidence”, a legislative package that basically constitutes the European equivalent of the Cloud Act and aims, in a similar way, to streamline cooperation with service providers and [...]