QuestionQ234

Government and Court Access to Private-sector Information

If a U.S.-based company is served a subpoena by the U.S. Department of Justice for emails held in a German data center, what requires the company to produce those emails?

  • A The Clarifying Lawful Overseas Use of Data (CLOUD) Act
  • B The Cybersecurity Information Sharing Act (CISA) of 2015
  • C Any transfer mechanism established by the GDPR
  • D An order issued by a German or EU court
Explanation

The Clarifying Lawful Overseas Use of Data (CLOUD) Act makes clear that a company subject to U.S. jurisdiction may be compelled to produce electronic data within its possession, custody, or control regardless of where it is stored, including overseas data centers.

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