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Whitepaper

Cloud Act vs. GDPR

This whitepaper explains the contradictory regulations and fundamentally different motivations of the US-CLOUD Act and the EU-GDPR and thus helps decision-makers to identify cloud providers that enable a smooth and compliant partnership.

What this whitepaper will get you

US ECPA and CLOUD Act

Learn about the motivation, purpose and impact of the US Cloud Act and ECP.

EU GDPR

Learn about the motivation, purpose and impact of the EU GDPR.

EU human rights vs. US government access rights

The EU and the US have entirely different essential legal foundations for privacy rights. The Whitepaper will explain how the choice can be between EU und US fines or imprisonment.

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Content

This whitepaper provides information in the following areas:

  • US ECPA and CLOUD Act
  • EU GDPR
  • EU human rights vs. US government access rights

About the Whitepaper

Do you care about data privacy and data security? If you are a business, in Europe, you care about it. At least since 2018, the year, the General Data Protection Regulation (GDPR) came into effect and US authorities can demand data access from US companies under the Clarifying Lawful Use of Overseas Data (CLOUD) Act from servers located anywhere in the world. Concerning data protection, these regulations pursue wholly different goals, however.


This whitepaper aims to provide a concise introduction, illustration, and guidance through the complexity that describes alternative approaches and supports the decision-making process for the data-handling challenges of today's conflicts between the US CLOUD Act and the EU GDPR.

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Author

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Dennis G. Jansen

LL.M. (Berkeley)

Following his studies with particular focus on German, US, EU, IT, and international law in Berlin, Freiburg, London, Sydney, and Berkeley General Counsel, Attorney, and Lecturer Dennis Jansen has worked as in-house counsel focusing on global data protection and IT law and founded the Internet forensics firm Devidence.