Last fall, the U.S. and UK entered into the first bilateral agreement pursuant to the Clarifying Lawful Overseas Use of Data Act of 2018 (the “Bilateral Agreement”). The Bilateral Agreement allows, in some circumstances, the U.S. and the UK to demand electronic data directly from tech companies located in the other country.

The U.S. Congress had until July 8, 2020 to enact a joint resolution of disapproval. It has not, so the Bilateral Agreement is now in effect. What does the Bilateral Agreement mean for technology, media and telecommunications (“TMT”) companies? In this article, we provide guidance to TMT companies that may be on the receiving end of requests pursuant to the Bilateral Agreement.

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