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Whitepaper

CLOUD Act, GDPR, and the Swiss DSG and Bank Act

What decision makers need to know now.

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Content

This whitepaper provides information in the following areas:

  • Introduction
  • US CLOUD Act and ECPA
  • EU GDPR
  • EU human rights vs. US government access rights
  • Update: Privacy Shield now ineffective
  • Switzerland: Dual Direct Effect is Common

About the Whitepaper

It may soon be impossible to accept the risks of using US cloud providers to process personal data. This whitepaper deals with data sovereignty when US law with FISA, ECPA, and CLOUD Act increases conflict with European Law, particularly the GDPR, the SCHREMS II decision, and the Swiss DSG. Further challenges are likely to arise from BREXIT and new judgments of the European Court of Justice (ECJ).

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Author

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Dennis G. Jansen

LL.M. (Berkeley)