Microsoft admits that it “cannot guarantee” sovereignty in the European Union. Under U.S. law, it is required to provide access to data if the government demands it.
Sovereignty is currently a relevant topic in the European Union. Companies and especially public institutions are questioning whether it is still wise to host data with American providers in the current geopolitical context. This doubt is not unfounded: during a question hour for the French Senate, Microsoft admitted that it “cannot guarantee” sovereignty for its European customers.
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The Cloud Illegal? Sovereignty as Holy Grail for European IT
Under the banner of “sovereign cloud”, Microsoft promises that data from European customers who sign up will remain within the European Union. This offers protection against data breaches, unauthorized access, and “negative business consequences”, as stated literally on Microsoft’s website. Google and AWS also offer so-called sovereign cloud services. Microsoft recently renewed its vows to the European market.
European vs American Legislation
As American companies, the major players are also bound by U.S. legislation. Under the Cloud Act, the U.S. government can require Microsoft to open its doors, even for European data centers. When push comes to shove, sovereignty must give way.
During the hearing, Microsoft representatives pointed out that they do not have to comply with every government request. Microsoft is contractually committed to ensuring sovereignty as far as possible. If the request is not legally grounded, a provider can refuse it. To date, the legislation has not yet been invoked, Microsoft adds.
Privacy experts warn that American providers cannot offer one hundred percent sovereignty, and according to the letter of the law, that is correct. The European Union is considering a departure from the Microsoft cloud to reduce dependence on American technology, but that is easier said than done, partly because there are no providers in Europe on the scale of Microsoft, AWS, and Google.
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