The agreement can serve as a model for other bilateral agreements, in accordance with the CLOUD Act and the COPO Act. Other bilateral agreements are expected, including between the United States and Australia, which recently announced that they will begin negotiations. The signing of the agreement between the United States and Great Britain was made possible by the adoption earlier this year of the British Parliament`s Overseas Production Orders, which establishes a framework of British national law similar to that established by the SCA in the United States. Parts of the Act have come into force and other provisions will come into force as soon as the British Foreign Secretary adopts regulations. Michael Drury`s expertise in government data collection and monitoring is unprecedented in the UK. As a former Director of Legal Affairs at GCHQ, the UK`s largest security and intelligence service, for 14 years; founding member of the Serious Fraud Office; and a partner for 10 years in the BCL, which advises both companies and private investigations, his extensive experience in the development of legislation (particularly the Regulatory Investigatory Powers Act, the precursor to the current Investigatory Powers Act 2016) and practical case work gives him a unique insight into the evolution of the law and the practical consequences that flow from it. He has already given advice on the bilateral data exchange agreement between the United States and Great Britain, which is scheduled to begin in the fall of this year, and he brings his general knowledge of a new beginning in a controversial field. The CLOUD Act contains provisions to facilitate compliance with British OPOs in the United States, particularly with respect to disclosure to a foreign government, in accordance with a provision subject to an executive agreement such as the agreement between the United Kingdom and the United States17.17 The agreement is very likely that communications service providers will allow the disclosure of data stored in the United Kingdom. The agreement is a legally binding and enforceable instrument allowing the transfer of personal data to the United States in accordance with Article 46, paragraph 2, point a), the RGPD and the removal of the restriction under Article 48 of the RGPD (against which the United Kingdom has in any case chosen). The agreement aims to catch up with a world where data flows do not recognize national borders. The speed at which data is transferred from one jurisdiction to another via the Internet does not correspond well to the current geocentric regulation of data. Criminal prosecutions are often linked to a patchwork of different procedures, depending on where the investigation`s interest data landed (sometimes arbitrarily).

This is increasingly slowing down investigations and creating barriers between the laws of two (or more) jurisdictions.2 The new approach of the United States and the United Kingdom in this area is an important development that reflects cooperation between the two nations in resolving legal disputes.