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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

#51

Post by cdrx »

Kbelicius wrote: post #23
zxienin wrote: post #12

The title sounds to a general impact ("..Paves the Way to EU-Based Cloud Services"). But on closer read, it seems to partially apply to SaaS/PaaS cloud services, which hold data outside EU. Google also provides IaaS/PaaS cloud offering based within EU as well [0]. [0]: https://cloud.google.com/about/locations#europe

Considering that this ruling is based on schrems II case which concluded that FISA 702 and EO 12.333 are not compatible with GDPR it would seem that holding data within the EU is not a solution since FISA 702 and EO 12.333 are applicable to data held anywhere in the world by a US company.

That is my understanding too. The issue is as much about jurisdiction as the physical location of the hard drive that holds data.

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

#52

Post by JoachimS »

wbl wrote: 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.

Now they will compete _also_ on the basis of being in the EU.

This adds an advantage. It doesn't mean they can be, and need to be competitive in other ways too. And there is not one, but several EU based services that compete with each other.

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

#54

Post by Deukhoofd »

taubek wrote: post #50

What would happen if Google would decide to host all of EU related data in EU? They would be 100% compliant?

It'd only be compliant if they would then also not allow US intelligence agencies to access the data at will. That would however break US law, specifically section 702 of the Foreign Intelligence Surveillance Act

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

#55

Post by the-dude »

IgorPartola wrote: post #49
the-dude wrote: post #40

I have read here on HN a comment which said the following : US companies will still be at an advantage as they can still mine their other customers and use this knowledge for their EU operations as well. EU based companies will not be allowed to mine US customers the same way.

Perhaps a business that doesn’t mine it’s customers data can find an advantage in that restriction. Plenty of successful businesses are built around the idea that you don’t need to sell out.

Plenty? Or a handful?

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

#56

Post by danhor »

yohannparis wrote: post #41
Deukhoofd wrote: post #33

Earlier quoted context omitted.

Or far simpler, revoke section 702 of the Foreign Intelligence Surveillance Act. It's an absolutely insane law anyhow, basically "we can spy on any data of non-American users of American services, without any restrictions"

I agree that section 702 is a bit extreme. But, at the heart of it, it makes sense. If foreigners can use services in your jurisdiction, you want to see what they do for security purposes. Nonetheless, it's against the belief of "innocent until proven guilty."

This assumption leads to the conclusion that only services that reside in the same jurisdiction (EU, USA, ...) can be used if legal protection from the state is desired.

If legal protection from the state is enforced (even for other states) this means there need to be wholly separate services in each jurisdiction.

This seems very undesirable, especially for the US with it's multinational web companies.

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

#57

Post by bryanrasmussen »

Terry_Roll wrote: post #43
technion wrote: post #14

Earlier quoted context omitted.

Analytics and fonts shouldn't be too hard. What about Captcha?

And the more this happens, the worse the search results will get because measuring popularity of a link and time spent on a website needs to be measured for ranking purposes, next time someone used the same search term.

also the worse the search results will get if someone put a bunch of ads in before the search results for people to click on instead of the search results.

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

#59

Post by baxtr »

sirwitti wrote: 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.

What are the services they are switching to?

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

#60

Post by dbbk »

john61 wrote: post #53
taubek wrote: post #50

What would happen if Google would decide to host all of EU related data in EU? They would be 100% compliant?

No, because Google hast to comply with US law and has to transfer data to US officials.

Not if it's run through a European subsidiary surely
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