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If you are a PSC, the agreement and any subsequent agreements made pursuant to the Production of Crime Act and the CLOUD Act will allow foreign law enforcement agencies to provide you with orders that require the transmission of electronic data directly to the law enforcement authority. The relative ease of their issuance and the reduction in time should increase the volume of these international requests and, therefore, increase the burden on State custodians in terms of their acceptance, coordination and response. 4. The purpose of this agreement is to facilitate the ability of parties to obtain electronic data. The provisions of this agreement do not entail any rights or remedies on the part of an individual, including obtaining, deanting or de-disleaving evidence or preventing the judicial process. Each party ensures that the provisions of this agreement, including Article 9, are fully implemented in accordance with the constitutional structure and principles of each party. 4. De minimis procedures include provisions requiring the United Kingdom to immediately review material collected pursuant to a regulation under this agreement and to store unverified communications on a secure system accessible only to those trained in applicable procedures. Under a new “Landmark” data exchange agreement between the United States and the United Kingdom, U.K. enforcement agencies can now obtain an injunction against a person in the United States or his activities in the United States for production or access to electronic data. The introduction of an international production contract would allow law enforcement agencies to access the data needed for their work in a foreign country more quickly.

The motivation for this legislation remains the same as in the UK and EU situations: an overwhelming amount of data needed to investigate and prosecute serious crimes “is owned by companies based abroad”, and the use of traditional MLAT systems takes time and directly affects their ability to do so effectively. Considering that timely access to electronic data for law enforcement purposes is an essential element of this effort, [2] www.gov.uk/government/news/uk-and-us-sign-landmark-data-access-agreement intend to create protection standards in line with the legislation applicable to contracting parties for the processing of electronic data containing personal data and to create a legally binding and enforceable instrument between the authorities, offering appropriate safeguards for this purpose; Currently, the only bilateral agreement between the United States and the United Kingdom is the only bilateral agreement under the CLOUD Act.