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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

#181
post #151

Earlier quoted context omitted.

Oh, I don't know, maybe writing it so that it doesn't mean companies in the EU "basically have to cease all economic activity"? Or writing it so that it doesn't claim to tell me what I have to do with my website when I live in another jurisdiction. I laugh at GDPR. The EU can keep its bureaucracy to itself thank you very much. Making simple websites illegal and forcing me to hire a lawyer to figure out not what I'm a…

Companies in the EU need cease no legitimate economic activity. What one must do is seek consent of European citizens before using their data. Those abusing personal information without consent deserve all the fines that can be thrown at them. I'd rather there were personal liability in the same manner as Title IX of Sarbanes-Oxley, but in the meantime, this is the best there is.

Consent is insufficient. Exclusively storing data on servers physically located in the EU is insufficient. As soon as a business has dealings with a US-based company or an EU-based company owned by a US-based company that potentially might have access to user data that business technically is in violation of GDPR.

As of now, as a business you essentially have three alternatives:

1. Run the entire infrastructure you need yourself or have it run by EU-based companies guaranteed to have no relations with US-based entities whatsoever (Good luck with finding those ...). This, for example, includes payment systems and banking infrastructure, because guess where many EU-based banks host their infrastructure? That's right, AWS.

2. Go out of business.

3. Ignore this aspect of GDPR for now, document everything, continue to do your own due diligence, and hope for the best.

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

#182

Can it be explained, why “data is encrypted at rest using your own key” isn’t acceptable to regulator? Google might be compelled to hand data over, but data is encrypted and useless.

As long as you proxy^ all requests to Google for that data through your own servers, and do not include X-Forwarded-For: or any other identifying details in the request you transmit to Google on their behalf, and your crypto implementation is deemed sound, then that would likely be found not to be a GDPR violation. This runs counter to the tendency of websites to offload the burden of "go fetch and evaluate XYZ" to t…

> or any other identifying details in the request you transmit

You can definitely still use GA if you really wanted to, just not in any way that uses PII (the default).

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

#183

Earlier quoted context omitted.

I think they created a subsidiary company in the US for their US offering and I don't think the US cloud act can compel the parent company to do anything? Whereas the inverse direction was problematic.

If that's the case, would it make sense for US-based companies to switch their ownership structure around so their EU subsidiary becomes the parent company?

No, they will lose US domicile which is important for certain things like government and military (literal $$$) contracts. This isn't theoretical, Broadcom (which in 2015-2018 was structured to be domiciled in Singapore mainly for tax reasons) nearly acquired Qualcomm but was blocked due to US national security concerns (https://www.straitstimes.com/business/trump-signs-order-proh..., although I'll note that in practice even if US-domiciled, Qualcomm's board isn't interested and a hostile takeover is unlikely to be successful).

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

#184

Earlier quoted context omitted.

If that's the case, would it make sense for US-based companies to switch their ownership structure around so their EU subsidiary becomes the parent company?

No, they will lose US domicile which is important for certain things like government and military (literal $$$) contracts. This isn't theoretical, Broadcom (which in 2015-2018 was structured to be domiciled in Singapore mainly for tax reasons) nearly acquired Qualcomm but was blocked due to US national security concerns ( https://www.straitstimes.com/business/trump-signs-order-proh... , although I'll note that in pra…

I guess the question is then: Are US government contracts worth more than access to a market of 500M people, mostly reasonably well off?

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

#185
post #153
post #128

Earlier quoted context omitted.

Will make no difference for what really matters... "BND helped NSA to spy on Austria, EU partners: report" https://www.aa.com.tr/en/world/bnd-helped-nsa-to-spy-on-aust... "Alleged NSA post in Austria becomes state affair" https://apnews.com/a3537677459e41b9ba4d21d8208dd28a "UK, Dutch spy agencies curb intel flow to Austria over Russia ties: MP" https://www.reuters.com/article/us-austria-security-idUSKCN1... "Vienna I…

And then one wonders why the EU is such a *it-show ;)

Just imagine:

California helps Germany to spy on Texas.....what a shame that Union is.

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

#186

Earlier quoted context omitted.

No, they will lose US domicile which is important for certain things like government and military (literal $$$) contracts. This isn't theoretical, Broadcom (which in 2015-2018 was structured to be domiciled in Singapore mainly for tax reasons) nearly acquired Qualcomm but was blocked due to US national security concerns ( https://www.straitstimes.com/business/trump-signs-order-proh... , although I'll note that in pra…

I guess the question is then: Are US government contracts worth more than access to a market of 500M people, mostly reasonably well off?

You definitely didn't heard of the US military-industrial complex: (https://en.m.wikipedia.org/wiki/Military%E2%80%93industrial_...). Also, most cutting-edge technologies tends to derive from US academe and research facilities, so they can block non-US companies from using it.
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