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> As long as the companies have the legal requirement to protect EU data in an equivalent way to an EU company, and there are legal routes to enforce it, I don'
by DrScientist 7y ago
> As long as the companies have the legal requirement to protect EU data in an equivalent way to an EU company, and there are legal routes to enforce it, I don't see anything particularly wrong about them in principle.
But if there is US law which overrides that promise then it's not legally enforceable. That's why jurisdiction is so important.
I'm not picking on the US particularly - I might have the same concern if I was an EU citizen and my data was in the UK post brexit. Or I was a US citizen with data aboard.
> And storing data in AWS UK doesn't exactly get around that, because the US government can just force their UK subsidiary to exfiltrate the data.
I'd agree even keeping it in the UK is now not a help from a US law perspective. The following case is very instructive: https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_States https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_Stat...
Essentially the CLOUD Act - tries to give US government the right to demand US companies move data to the US - as I said - any promise a company makes is worthless. A lot of countries might see this as a the US trying to extend it's legal reach beyond what is reasonable.
The EU say the CLOUD act is not compatible with GDPR without further international agreements.
https://www.insideprivacy.com/data-privacy/european-data-protection-board-issues-opinion-on-u-s-cloud-act/ https://www.insideprivacy.com/data-privacy/european-data-pro...
Currently the EU is playing nice, but it could decide to then charge the US companies officers with crimes ( stopping them ever visiting the EU ), or investigate the local offices etc.
If we don't sort this out internationally then it could easily escalate - with the companies stuck in the middle.
At the moment that has been a lot of LALALAL nothing to see approach to this, but the law is catching up with the technology - these issues can't be glossed over forever.