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

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

#91

I think this kind of affirms the general opinion that Germany and many traditionally powerful European countries is doing poorly when it comes to modern tech. What went wrong with Germany and Europe? They used to be the front runners in tech once upon a time.

The surveillance capitalism model is a non-starter in the EU.

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

#92

Hey America - stop spying on our our citizens or we will stop buying your tech. Seriously. We talk about this cloud stuff like it is rocket science. It is not. It is a box in a basement. We are capable of doing that ourselves. And no. It ain’t cool for NSA to sniff around some German governmental software, even though you are the good guys and on our side.

> We are capable of doing that ourselves.

Then do it.

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

#93

Earlier quoted context omitted.

How on earth is "the US is able to demand personal data of EU citizens without due process" a fishy premise?

Isn’t this the case with all sovereign countries, though? You can never guarantee that a government won’t demand a company in that country to hand over data, that is what it means to be sovereign.

Generally speaking, we look at the legal system in the country and decide whether it is /legal/ for the state to do such a thing, and whether there are appropriate safeguards to prevent it from doing so. Yes, they could change the law - and at that point it would become illegal for companies in that country to do business in the EU.

Usually most countries are smart enough not to damage themselves economically by preventing their companies from selling to a large, reasonably rich union.

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

#94

I think this kind of affirms the general opinion that Germany and many traditionally powerful European countries is doing poorly when it comes to modern tech. What went wrong with Germany and Europe? They used to be the front runners in tech once upon a time.

Maybe it's just, that the European law makers understand the risk of being are to transfer sensitive persona data into other legislations, and that a local registered company doesn't mean there are technical bounds.

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

#96

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 doesn't matter if there are safeguards, technical, or institutional preventions in place.

Except the American company made it clear that no such safeguards will be in place and that it will transfer the data out of its EU servers if legally complied to do so. This can be found in the German text at https://rewis.io/urteile/urteil/ocw-13-07-2022-1-vk-2322/ .

> Regions. Customer can specify the location(s) where Customer Data will be processed within the X. Network (each a "Region'), including Regions in the EEX. Once Customer has made its choice, X. will not transfer Customer Data from Customer's selected Region(s) except as necessary to provide the Services initiated by Customer, or as necessary to comply with the law or binding order of a governmental body.

Any governmental body can request access to EU users data and the data will be moved out of the EU region. At best it provides that it will challenge any inappropriate or overly broad request, but there is no legal framework for what qualifies as such between the EU and US and the US is unlikely to care about challenges that have no legal basis.

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

#97

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.

I'm European and I'll happily admit there is no EU alternative to AWS, GCP, Azure. The breadth of services _on_, and the amount of engineers able to work _with_ these platforms is incredible and can't be beat by the likes of Hetzner and OVH. We are so behind that we won't catch up. The arrogance is warranted in this case. I like privacy, but the business person in me is very frustrated by these GDPR rulings as they m…

I mean I'm really enjoying Scaleway for all of the things I'd use AWS for: EKS, managed DBs, and cloud M1 Macs are all accounted for.

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

#98

> It followed that company A's service qualified as an unlawful transfer of data to a third country because their parent company was located in the US, violating relevant data protection law (Article 44 GDPR). > The Chamber explained that a transfer in this context must also be assumed when data can be accessed from a third country, regardless of whether this actually takes place. The fact that the physical location…

[deleted]

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

#99

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…

When you read the original document it seems to be more about terms of the original contract and effective access to the machines than the location of the parent company so a clear split of should make it be possible.

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

#100

I think this kind of affirms the general opinion that Germany and many traditionally powerful European countries is doing poorly when it comes to modern tech. What went wrong with Germany and Europe? They used to be the front runners in tech once upon a time.

Maybe it's just, that the European law makers understand the risk of being are to transfer sensitive persona data into other legislations, and that a local registered company doesn't mean there are technical bounds.

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