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The correct solution would be to set up as a EU company that is in charge and runs everything and controls all the EU data, which only uses cloud services opera
by jsmith45 4y ago
The correct solution would be to set up as a EU company that is in charge and runs everything and controls all the EU data, which only uses cloud services operated by companies that do not have any US based parent company, grandparent company, etc. (Ideally only using crowd services from EU companies whose whole ownsership chain remains in the EU, as that keeps things simple).
One could retain a US subsidiary, which might handle US or even all non-EU data.
Unfortunately it is not clear if an American individual could own or control the EU parent company. It depends on if the owner could be considered "A provider of electronic communication service or remote computing service", because if so, they could subpena you personally, on basis that you control the EU company and thus the information is within your control.
The relevant part of the law is:
> A provider of electronic communication service or remote computing service shall comply with the obligations of this chapter to preserve, backup, or disclose the contents of a wire or electronic communication and any record or other information pertaining to a customer or subscriber within such provider’s possession, custody, or control, regardless of whether such communication, record, or other information is located within or outside of the United States.