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Deconstructing the regulatory impact of the US CLOUD Act: An optimal regulatory approach to ensuring access to data in the cloud?
Journal of Data Protection & Privacy,
5
(3),
230-241
(2023)
Abstract
This paper sets out a framework based on optimal regulatory theory and how to practically implement smart, agile cloud policy in a way that supports business and national/international concerns. The emergence of regulations such as the CLOUD Act, when viewed against the impact of the General Data Protection Regulation (GDPR) and related case law, may contribute to the conflicts that the data protection authorities are experiencing, moving from a ‘blanket’ solution attitude towards a more ‘optimal’ approach. While certain regions and countries are exploring and even opting for data localisation policies, there are a fair number of regulators of privacy, technology, etc demonstrating an evolving understanding of the adverse economic impact of a ‘no-data-outside-the-country’ mentality. Data can be properly protected, not despite leaving a country's borders, but because of it.
Keywords: CLOUD Act; localisation; regulatory theory; optimal; MLAT; storage; cloud
The full article is available to subscribers to the journal.
Author's Biography
Nick Roudev Counsel, Technology, Media & Telecommunications (TMT), Linklaters, is an experienced commercial TMT lawyer specialising in regulation of data, privacy, artificial intelligence, cloud computing, Internet of Things and other emerging technologies. He has over ten years of experience practising across North America, Europe and Asia. He is Counsel and leads the Middle Eastern TMT practice at Linklaters LLP, prior to which Nick was a senior lawyer at Simmons & Simmons in Dubai and part of the Allen & Overy TMT practice in London, as well as the technology law group at Osler, Hoskin and Harcourt in Toronto, Canada, where Nick also completed his articling and was called to the Ontario bar. Nick has extensive experience advising clients across the globe on various issues of telecom, emerging technologies and data regulation, data privacy and intellectual property rights arising in the context of service and licensing arrangements, outsourcings, strategic collaborations, corporate M&A and acquiring and data commercialisation arrangements. Nick is recognised as an expert regionally and has been most recently appointed to the technology and digital payments advisory group of the Digital Economy Courts in the DIFC.
Lori Baker Until her recent relocation to Dubai, UAE, Lori Baker was a Senior Associate at Fieldfisher LLP in London, in the Privacy, Security and Information team led by Hazel Grant. Her primary areas of focus over the past 11 years have been in Data Protection and Regulatory Compliance and her strengths are in the areas of global/EU data protection, anti-corruption and ethics, IT and telecoms outsourcing, as well as global telecoms regulation and commercial contract negotiation. Lori has been admitted to the bar in two jurisdictions in the US (Pennsylvania (1998) and New Jersey (2002)), and has been a qualified Solicitor of England and Wales since 2012. Her certifications include ISEB certification in data protection and until April 2016 she held a certification as a Certified Compliance and Ethics Professional – International (CCEP-I) with the Society of Corporate Compliance and Ethics. Lori is now based in Dubai and is continuing her work as a Legal and Compliance professional.
