November 16, 2018 - European Union, Litigation

Updating Evidence Laws for the Digital Space: Overseas Production Orders

In a bid to keep English law up to date with technological advances, the Crime (Overseas Production Orders) Bill 2018 has passed the committee stage at the House of Lords.  The proposed legislation is intended to allow enhanced judicial cooperation to tackle serious crime. However, it adds an additional layer of complexity to the compliance regulations to be followed by each business; it’s also lacking in adequate protections for individual rights, in particular in relation to data protection. In this alert, we will discuss the proposed mechanics of the overseas production order and analyse the implications it may have on companies’ data retention policies and reporting obligations. This alert will be of particular interest to technology and communication companies.

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