In a letter from the Ministry of Justice and Security, an explanation was given of the American Cloud Act with the consequences for Dutch citizens, as well as the question of how the Cloud Act relates to the EU proposals for cross-border access to data. within criminal proceedings (electronic evidence).
From a legal point of view, Cloud Act stands for “Clarifying lawful overseas use of data” law and regulations. Now that a lot of Dutch data seems to end up in American clouds, it is high time to get a little more clarity in this area, but unfortunately this has not happened. The Trump administration demands that companies hand over data immediately. This could mean that such a company violates the legislation of the European Union or the European member state.
The Netherlands must organize this through the EU and for this the European Commission has made the so-called ‘E-evidence proposals’ that are aimed at regulating cross-border access to evidence for European investigative authorities, but also for authorities from the US.