Cross-Border Data Forum Bannner
From being judged to judging, the U.S.’s review of European signals intelligence collection could encourage rule-of-law coherence.
Peter Swire discusses the final pieces that fell into place to implement the EU-U.S. Data Privacy Framework (DPF).
While EUCS may—over time—spur the growth of European CSPs and increase uniformity among cybersecurity standards across the continent, the imposition of digital sovereignty requirements (localization and foreign law immunity) would impose substantial costs on CSP users in Europe, at least in the medium-term.   At a minimum, such an approach should be subjected to a public consultation process and full impact assessment that would fully explore the potential costs, as advocated by several member states, including the Netherlands.
Peter Swire discusses U.S. Attorney General Merrick Garland’s finding of “Reciprocal” Privacy Protections in the European Union.
The EU E-Evidence Regulation reflects the complexity of the issue and the difficult balancing between increasing efficiency in criminal investigations and ensuring high due process guaranties.
Access to and use of personal data has moved to the center of the U.S.-China technology conflict. Samm Sacks and Peter Swire of the Cross-Border Data Forum offer an intellectual framework for systematic analysis of the risks and benefits of different solutions across economics, security, and privacy.