LAWFARE – Has the Time for an EU-U.S. Agreement on E-Evidence Come and Gone?
Four years have passed since the United States and the European Union set out to design an improved mechanism for transatlantic e-evidence transfers, but minimal progress has been made. While the United States enacted the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a parallel EU effort to pass a uniform E-Evidence Regulation remains stalled due to disagreements primarily over individual privacy rights. In the absence of EU legislation, transatlantic negotiations have stalled.