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Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

gdprhub.eu

61–70 of 238 posts

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#61
post #20

US needs to economically retaliate in kind. If the US has the same data protections as the EU they’d make up some other excuse to attack US companies. This is what happens when you can’t compete you make up regulatory excuses. I’m sure I’ll get downvoted by Europeans but it’s the truth. Look at the valuable companies and where they are located :)

You should see how the EU screws American 'certain industry' companies and fails to honor reciprocity deals. Then add that it is legal and tax deductible for German business' to bribe/kickback to corrupt businesses overseas and man does Europe have a sweet deal without our 'open and reciprocal trade'. Unfair denied access to European markets but open access for Europe in the USA. Overseas company's officials expectin…

The American government tolerates this and other things besides (e.g. lax NATO contributions) so it's evidently not that big an issue?

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#62

Sounds like blatant protectionism to me. If I'm reading the ruling correctly, the relevant legal standard applied here is completely bogus. They find that it is a violation of GDPR because the parent company could access the data, in principle if they wanted to. It doesn't matter if there are safeguards, technical, or institutional preventions in place. However, the exact same argument applies to any EU company with…

It's not protectionism. The agreement with the US parent company allowed them to access the data!

> A included clauses in the offer that stated, among other things, that it will not access, use, or disclose customer data to any third party, except as necessary to maintain or provide the Services, or as necessary to comply with the law or a valid and binding order of a governmental body.

So it is a transfer of data from EU control to US control. Very clearly.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#63
post #15
post #9

Earlier quoted context omitted.

isn't the crux of the matter the all-reaching laws of the US that allows their intelligence agencies to order EU-subsidiaries of US companies to offer up their data..?

I would be frankly shocked if EU countries did not have the same laws on the book. If German court serves Volkswagen AG a warrant for data kept by Volkswagen America, can Volkswagen AG just not comply?

Pretty sure EU countries cannot in fact (in general) demand personal data of anyone from EU companies without due process. If you can find law to the contrary, let me know.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#64
post #13

Earlier quoted context omitted.

Those US companies are free to not be on the EU market, just saying

This sword cuts both ways. US can also stop sales of Airbuses, Volkswagens, IKEA furniture etc. under some fishy premise. If EU does that to US companies, why shouldn’t US do it to EU ones? This kind of tit for tat trade war would be a loss to everyone compared to cooperation, but is still preferred to cooperating with a defector.

No post body was provided.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#65
post #13

Earlier quoted context omitted.

Those US companies are free to not be on the EU market, just saying

This sword cuts both ways. US can also stop sales of Airbuses, Volkswagens, IKEA furniture etc. under some fishy premise. If EU does that to US companies, why shouldn’t US do it to EU ones? This kind of tit for tat trade war would be a loss to everyone compared to cooperation, but is still preferred to cooperating with a defector.

There is no tit for tat, we european citizens don't want our personal data to be accessible to the US government and their respective secret agencies.

The US government will not back up from their policy and so we do neither but since we otherwise enjoy a great partnership and alliance, we take this issue pretty "dry and emotionless", trust me, there are no hard feelings or ill intentions.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#66

Yeah wondering about the consequences. By this logic almost every non-EU Saas would be forbidden. For sure Stripe is also not allowed, huge amount of customer data in US hands.

IMO that could be good, I would welcome more competition in the payment processor space.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#67
post #15

Earlier quoted context omitted.

I would be frankly shocked if EU countries did not have the same laws on the book. If German court serves Volkswagen AG a warrant for data kept by Volkswagen America, can Volkswagen AG just not comply?

Pretty sure EU countries cannot in fact (in general) demand personal data of anyone from EU companies without due process. If you can find law to the contrary, let me know.

The warrant is due process.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#68

Sounds like blatant protectionism to me. If I'm reading the ruling correctly, the relevant legal standard applied here is completely bogus. They find that it is a violation of GDPR because the parent company could access the data, in principle if they wanted to. It doesn't matter if there are safeguards, technical, or institutional preventions in place. However, the exact same argument applies to any EU company with…

US cloud companies can be forced by the US government to spy on European citizens. That's the reasoning behind this ruling. Are you not aware of the NSA spying programs?

I'm sure industrial policy and thus economics had no factor in those laws being written.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#69

Earlier quoted context omitted.

Comparable move could be for US to forbid using EU hosted services to ie. store medical records of US citizens etc., no?

No, because Germany doesn't have that big of an IT space. Aerospace and automotive would be good sectors to hit back with because they are more relatively important to Germany as IT is for the US.

OK but not wanting our personal records to be arbitrarily sized by the US government is very reasonable. Your government made a law that lets it spy on us... that's your problem.

Re: Usage of EU subsidiaries of US cloud providers deemed unlawful by German court

#70

Earlier quoted context omitted.

I hope you are aware that "the cloud" is not some secret, mysterious piece of technology that the EU can't figure out. We have software engineers as well as data centers and EU-based cloud companies. Digital consumer networks were established here long before the U.S and the internet was invented here. Your arrogance is grating.

> the internet was invented here In Europe?

They mean the WWW, which is really what the Internet has always been about. And yes, it was invented in Europe.
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