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 EDPB-EDPS joint reply to the LIBE Committee on the implications of the US CLOUD Act
16.7.19

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On July 9th and 10th, the EEA Data Protection Authorities and the European Data Protection Supervisor, assembled in the European Data Protection Board, met for their twelfth plenary session. During the plenary a wide range of topics were discussed including:

"EDPB-EDPS joint reply to the LIBE Committee on the implications of the US CLOUD Act

The EDPB adopted a joint EDPB-EDPS reply to the European Parliament Committee on Civil Liberties, Justice and Home Affairs’ (LIBE) request for a legal assessment regarding the impact of the US CLOUD Act on the EU legal data protection framework and the mandate for negotiating an EU-US agreement on cross-border access to electronic evidence for judicial cooperation in criminal matters. The CLOUD Act allows US law enforcement authorities to require the disclosure of data by service providers in the US, regardless of where the data is stored.

The EDPB and EDPS emphasize that a comprehensive EU-US agreement regarding cross-border access to electronic evidence, containing strong procedural and substantial safeguards for fundamental rights, appears the most appropriate instrument to ensure the necessary level of protection for EU data subjects and legal certainty for businesses." [emphasis added]

See also: ANNEX. Initial legal assessment of the impact of the US CLOUD Act on the EU legal framework for the protection of personal data and the negotiations of an EU-US Agreement on cross-border access to electronic evidence (10 pages, pdf)

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