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Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

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Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#2
This is an excellent decision from the Austrian DPA: there is no good argument for exfiltrating data to a country with low-to-non-existent data-protection standards.

It would be nice if the same logic applied to manufacturing and environmental legislation - it stops the race to the bottom.

Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#3
This is already affecting websites and web apps.

At least all of our customers are moving away from Google Analytics and many try to also get rid of other Google services like fonts and maps.

I'm very interested to see what this changes in other european countries.

Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#5
That's again based on the work of Noyb and Max Schrems:

   In July 2020, the CJEU has issued its groundbreaking "Schrems II" ruling,
   holding that a transfer to US providers that fall under FISA 702 and EO 
   12.333 violate the rules on international data transfers in the GDPR. The 
   CJEU consequently annulled the transfer deal "Privacy Shield", after 
   annulling the previous deal "Safe Harbor" in 2015. While this sent shock 
   waves through the tech industry, US providers and EU data exporters have 
   largely ignored the case. Just like Microsoft, Facebook or Amazon, Google has 
   relied on so-called "Standard Contract Clauses" to continue data transfers 
   and calm its European business partners.


   Max Schrems, honorary chair of noyb.eu: "Instead of actually adapting 
   services to be GDPR compliant, US companies have tried to simply add some 
   text to their privacy policies and ignore the Court of Justice. Many EU 
   companies have followed the lead instead of switching to legal options."
https://noyb.eu/en/austrian-dsb-eu-us-data-transfers-google-...

https://noyb.eu/en/101-complaints-eu-us-transfers-filed https://noyb.eu/en/update-noybs-101-complaints-eu-us-data-tr...

Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#6
post #3

This is already affecting websites and web apps. At least all of our customers are moving away from Google Analytics and many try to also get rid of other Google services like fonts and maps. I'm very interested to see what this changes in other european countries.

> I'm very interested to see what this changes in other european countries.

As it's a direct result of an CJEU ruling (Schrems II), all other (EU) countries will have to do the same.

Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#7
post #4

EU based cloud services always could compete before. Now they will compete on the basis of being in the EU instead of being better.

Nah, what happens is the US-based companies will just geo-wall the data and throw more money at their EU-based AWS and Azure regions.

Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#8
post #4

EU based cloud services always could compete before. Now they will compete on the basis of being in the EU instead of being better.

Nah, what happens is the US-based companies will just geo-wall the data and throw more money at their EU-based AWS and Azure regions.

To me it reads as only walling the data off is insufficient. They will have to incorporate in Europe or in jurisdiction without FISA-like laws and completely split whole operation there.

Re: Austrian DPA Ruling Against Google Paves the Way to EU-Based Cloud Services

#9
post #8

Earlier quoted context omitted.

Nah, what happens is the US-based companies will just geo-wall the data and throw more money at their EU-based AWS and Azure regions.

To me it reads as only walling the data off is insufficient. They will have to incorporate in Europe or in jurisdiction without FISA-like laws and completely split whole operation there.

I believe that it would come down to this as well. The problem is both them being located in the US AND being a US company.

Alternatively they could mirror an approach that Microsoft had with ther Office Online for a while, that is find a European company acting as "trustee" for the data, so that even if the NSA came knocking the US based company would not have any data on any of their infrastructure it could give them.

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