German government US authorities have access to EU cloud data (heise.de)
3 days ago
- #US-EU relations
- #cloud computing
- #data privacy
- US authorities have extensive access to European cloud data, even when stored in EU data centers.
- US laws like the Stored Communications Act (SCA) and Section 702 of FISA allow authorities to compel cloud providers to disclose data, regardless of physical storage location.
- US jurisdiction extends to European subsidiaries of US companies and potentially to purely European companies with relevant business connections to the US.
- Technical measures like encryption do not necessarily prevent data disclosure obligations under US law.
- European regulators can prohibit data transfers to third countries under GDPR, but current EU-US Data Privacy Framework remains shaky.
- Despite risks, some legal experts argue that compliant use of cloud solutions like Microsoft 365 is still possible if no systematic violations of EU law are proven.