BRUSSELS – 17 April 2018 - BSA | The Software Alliance supports the efforts of the European Commission in seeking to create a framework for cross-border access to electronic evidence, which meets the needs of law enforcement while providing adequate safeguards for citizens and companies. We are pleased to see that the draft legislation foresees that law enforcement will have to approach companies directly with data requests, rather than demanding the data from cloud providers, which solely store the data on their corporate customers’ behalf. BSA equally welcomes the efforts that seek to mitigate potential international conflicts of law, although the resilience of these procedures remains untested.

While today’s draft legislation will address many of the challenges faced by service providers and law enforcement agencies, we remain concerned over the short timeframe that companies will be faced with when receiving cross-border data requests. Adequate time will be needed for service providers to evaluate all data requests for both legal compliance and possible conflicts of law.

Commenting on the European Commission’s proposals, Thomas Boué, Director General, Policy – EMEA, said, “In today’s digital world, it is increasingly vital for companies that move to the cloud to feel re-assured that the data they place in the cloud is safe and cannot be accessed by law enforcement without appropriate safeguards. We particularly welcome the focus of the future investigative measures on data controllers rather than on cloud providers, which merely host the data of their corporate customers.”

“Our members strive to be good partners in helping law enforcement ensure public and national security. It is important to do so in a way that is appropriate and consistent with global rules without creating conflicts of law that would undermine the ability of law enforcement to operate effectively. We also encourage the Commission to focus on resolving intra-EU access issues and ensuring they consistently and sufficiently protect privacy, before turning to extraterritorial application. BSA stands ready to work with the EU institutions to create a more coherent EU legal framework for companies, law enforcement and consumers alike while simultaneously seeking the creation of a truly international solution, particularly with the US,” added Boué.