CLOUD Act signed – what does that mean?
Posted: Sun Feb 02, 2025 4:02 am
CLOUD Act – US government undermines European data protection
Most companies are currently busy adapting their processes to the new GDPR in order to avoid getting into serious trouble. However, another event that is of similar importance for many European companies and private individuals is being overlooked. On the other side of the Atlantic, US President Donald Trump signed the CLOUD Act. This law supplements the existing Stored Communications Act (SCA) and stands for Clarifying Lawful Overseas Use of Data Act. This law, which has been neglected in the media, has far-reaching consequences for EU citizens and companies.
What is the CLOUD Act?
The CLOUD Act requires US-based internet companies such slovenia phone number data as Microsoft to grant US security authorities access to user data. This also applies if the data is not stored in the US and the data protection rules of other countries actually apply, as is the case with the EU GDPR.
Conversely, the CLOUD Act is also intended to enable foreign security authorities to access the user data of persons residing in the USA via a bilateral agreement.
background
Since 2013, the US government has been in court with the software giant Microsoft over the release of data from non-US citizens, for example from us EU citizens.
The reason for this dispute was an order from a US judge to hand over email data from Microsoft. In principle, the company is obliged to do so under the PATRIOT Act. However, in this case the data was stored in an Irish data center. Microsoft refused access and referred to the jurisdiction of the local court.
As a result, the case went to the Supreme Court, the highest US court. The final decision was originally expected this summer. However, due to the CLOUD Act, the court has now dismissed the Microsoft case because - according to the judges - there is no longer a conflict as the CLOUD Act applies to the dispute.
Most companies are currently busy adapting their processes to the new GDPR in order to avoid getting into serious trouble. However, another event that is of similar importance for many European companies and private individuals is being overlooked. On the other side of the Atlantic, US President Donald Trump signed the CLOUD Act. This law supplements the existing Stored Communications Act (SCA) and stands for Clarifying Lawful Overseas Use of Data Act. This law, which has been neglected in the media, has far-reaching consequences for EU citizens and companies.
What is the CLOUD Act?
The CLOUD Act requires US-based internet companies such slovenia phone number data as Microsoft to grant US security authorities access to user data. This also applies if the data is not stored in the US and the data protection rules of other countries actually apply, as is the case with the EU GDPR.
Conversely, the CLOUD Act is also intended to enable foreign security authorities to access the user data of persons residing in the USA via a bilateral agreement.
background
Since 2013, the US government has been in court with the software giant Microsoft over the release of data from non-US citizens, for example from us EU citizens.
The reason for this dispute was an order from a US judge to hand over email data from Microsoft. In principle, the company is obliged to do so under the PATRIOT Act. However, in this case the data was stored in an Irish data center. Microsoft refused access and referred to the jurisdiction of the local court.
As a result, the case went to the Supreme Court, the highest US court. The final decision was originally expected this summer. However, due to the CLOUD Act, the court has now dismissed the Microsoft case because - according to the judges - there is no longer a conflict as the CLOUD Act applies to the dispute.