The difference is that the discontinued data center was run independently by a German company (T-Systems IIRC). MS engineered the contracts in such a way that t

The difference is that the discontinued data center was run independently by a German company (T-Systems IIRC). MS engineered the contracts in such a way that they had no ability to access anything in this data center. That made it exclusive subject to German law. As I see it, the new data centers are run by MS directly and thus an entity that is subject to US laws and their far reaching clauses.