What is the CLOUD Act?

The CLOUD Act, formally known as the Clarifying Lawful Overseas Use of Data Act, is a United States law passed in 2018. It addresses the complex issue of how law enforcement agencies can access electronic data stored by US companies on servers located overseas.

Most notably, it authorizes the US to enter into “executive agreements” with foreign governments. These agreements allow foreign law enforcement agencies to directly request data from US service providers under certain conditions without a US warrant.

MergeBase and the CLOUD Act

The CLOUD Act applies to US service providers. MergeBase is a Canadian company, therefore the CLOUD Act does not apply to us, and we are not obliged to respond positively to a CLOUD Act request by a US government body. Furthermore, our services do not involve the processing of personal information.

How can MergeBase Help You Comply with the CLOUD Act?

The CLOUD Act grants US law enforcement agencies the authority to require companies to provide specific information, regardless of whether the company is based in the United States or is a foreign entity storing data on US servers.

When a U.S. enforcement agency utilizes this power and mandates the disclosure of certain information, the company receiving such a directive is legally bound to comply.

Consequently, when confronted with a lawful demand from a US enforcement agency under the CLOUD Act, companies typically have limited options and are generally compelled to adhere to the demands and surrender the requested information.