EDPB and EDPS Adopt Restrictive View of GDPR Transfer Provisions

The European Data Protection Board (“EDPB”) and the European Data Protection Supervisor (“EDPS”) have raised questions over the compatibility of requests for data that may be made by US law enforcement authorities under the US Clarifying Lawful Overseas Use of Data Act (the “US CLOUD Act”) with the General Data Protection Regulation (“GDPR”). Service providers located in the EU, who are directly or indirectly subject to US jurisdiction, should carefully consider the analysis of the EDPB and EDPS in their recently published assessment when considering requests for access to data received from foreign law enforcement authorities, and particularly any request made under the US CLOUD Act. 

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