Data disclosure requirements
12. Are there any local laws that would require a cloud service provider to disclose the data it hosts to any third parties in any circumstances (including regulatory or law enforcement authorities)?

Yes. Under the Investigatory Powers Act 2016, disclosure may be required in the following circumstances:

  • Where an executive warrant has been obtained by a UK-based law enforcement agency

  • Where a notice has been issued by a "relevant public authority"

  • Where consent has been obtained from the sender and the intended recipient of the communication

Alternatively, disclosure could be mandated where a court order has been obtained by a UK-based law enforcement agency under the Crime (Overseas Production Orders) Act 2019.

Disclosure may also be required where mandated under laws from other countries that have extraterritorial effect (such as pursuant to the Cloud Act agreement in place with the US).