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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?

Author

Listed:
  • Roudev, Nick

    (Managing Associate, Linklaters, UAE)

  • Baker, Lori

    (Vice President of Legal Affairs & Director of Data Protection, UAE)

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.

Suggested Citation

  • Roudev, Nick & Baker, Lori, 2023. "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, Henry Stewart Publications, vol. 5(3), pages 230-241, January.
    • Handle: RePEc:aza:jdpp00:y:2023:v:5:i:3:p:230-241
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    More about this item

    Keywords

    CLOUD Act; localisation; regulatory theory; optimal; MLAT; storage; cloud;
    All these keywords.

    JEL classification:

    • K2 - Law and Economics - - Regulation and Business Law

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