Theodore Christakis

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 [...]

The European Law Blog has published Prof. Theodore Christakis’s report from the September 25, 2019 academic workshop “E-Evidence: The Way Forward,” that was held in Brussels by the Grenoble Alpes Data Institute in cooperation with the Cross-Border Data Forum and Microsoft.  The workshop included academics well known for their work on privacy, data protection, and criminal law from several countries.  Also participating were representatives of the European Parliament involved with the LIBE Committee’s work on E-Evidence, including MEP and Rapporteur [...]

Professor Theodore Christakis’s European Law Blog article 21 Thoughts and Questions about the UK-US CLOUD Act Agreement: (and an Explanation of How it Works – with Charts) unpacks, to the extent possible, the terms of the agreement not only to understand the basic mechanisms underlying it, but also to consider the International and Human Rights Law implications – including from a European Law perspective. [...]

In his paper Transfer of Personal Data to U.S. Law Enforcement Authorities After the CLOUD Act: Is There a Conflict with the GDPR?, Prof. Christakis looks at how Section 103 of the CLOUD Act may conflict with the GDPR’s restrictions on transfers of personal data to outside the European Union. [...]