UK Ruling Signifies Greater Cross-Border Sharing Of Data

By Andrew Smith (October 3, 2018, 1:15 PM EDT) -- The U.K.'s Serious Fraud Office recently won an important judicial review concerning extraterritoriality. The principal question in R (on the application of KBR Inc.) v. Director of the Serious Fraud Office[1] was whether a notice issued under s2(3) of the Criminal Justice Act 1987 is lawful if it requests material held outside the U.K. from a foreign company. The court concluded that:

s2(3) extends extraterritoriality to foreign companies in respect of documents held outside the jurisdiction when there is a sufficient connection between the company and the jurisdiction. For the first time, an English court determined the extraterritorial application of compulsory...

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