The answer depends on whether these bodies are subject to UK jurisdiction. In the past, some commentators have raised concerns that enforcement agreements could impose a new obligation on these providers, since they could require a U.S.-based global communications service provider to comply with a foreign government injunction to provide electronic data. However, in public statements earlier this year, the DOJ attempted to allay these fears by arguing that the CLOUD Act does not impose a new obligation to comply with a foreign level of government or finds itself that a foreign government is responsible for a communications service provider. On the contrary, the DOJ said, importing an executive agreement would eliminate any potential conflict with U.S. law for qualifying levels of government in the situation in which a foreign country is responsible for a communications service provider under its domestic law. Last fall, the UK and US announced the first executive deal under the CLOUD Act. The 180 days in which Congress had to reject the agreement took place on July 8 without the House of Representatives or the Senate holding public hearings or taking formal action against the agreement. According to an interview with the U.S. Department of Justice on July 16, the agreement will enter into force after an exchange of diplomatic notes that has not yet taken place. The Cross-Border Data Forum, with which we work, has published numerous documents on these executive agreements, including an article by Jennifer Daskal and Peter Swire, which explains several data protection safeguards in the US-UK agreement, which go beyond the minimum requirements of the CLOUD Act. The text of the agreement between the United States and Britain was published this week. While the CLOUD Act has put in place a legal framework to facilitate requests from foreign law enforcement authorities, the lack of an executive agreement has so far meant that the law has had little practical impact on the ability of U.S. communications service providers to respond to data requests from foreign governments.
This is expected to change as far as the UK`s demands come into force as soon as the agreement enters into force. The CLOUD Act has two main objectives: (1) to amend the Stored Communications Act to require providers to comply with their obligations to retain, safeguard or disclose electronic data in their possession, regardless of the location of that information; and 2) allow the U.S. government to enter into executive agreements with foreign governments on accelerated reciprocal access to electronic information held by foreign-based suppliers. . . .