In their Lawfare article A Possible EU-US Agreement on Law Enforcement Access to Data?, Daskal and Swire explain the current negotiations between the EU and the U.S. concerning the Cloud Act and the proposed EU “E-Evidence” Regulation. The article discusses key U.S. and EU legal issues that would need to be addressed in any EU/U.S. agreement, notably including how competence is shared for relevant issues between the EU and its Member States.
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