The CLOUD Act, a US law, raises many questions. What happens to your data? Who can access your data? Is there a risk of data theft? Read our article to learn everything about the subject:
The CLOUD Act, a US law on data
Published on March 23, 2018, the CLOUD ( Clarifying Lawful Overseas Use of Data) Act aims to make it easier for US authorities to access data stored abroad by US companies exclusively in the context of legal proceedings.
Before that date, to access data during an investigation, the FBI had to submit an MLAT request (Mutual Legal Assistance Treaty). However, such requests often took several months or even a year to be granted. As a result, the procedure was cumbersome in legal cases where speed is essential.
A legal battle with Microsoft
The law responds to an issue involving Microsoft. In 2013, the company had refused to give the FBI access to a server in Ireland as part of a drug trafficking investigation.
Consequently, since 2018, US cloud service providers must provide the authorities with the data stored on their servers, even when these are located outside the United States.
The difference between US and European law
CLOUD Act and GDPR
Article 48 of the GDPR states that "any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement". As a result, the CLOUD Act provides a legal framework for data seizures, whereas the GDPR prohibits the transfer of data outside Europe.
Not to be confused with the Patriot Act
The Patriot Act allows US government agencies to obtain information as part of investigations into acts of terrorism. The CLOUD Act, on the other hand, concerns judicial requisitions in criminal investigations.
What are the consequences of the US CLOUD Act for your data?
In short, if you store your data with a US cloud service provider , your personal data may now be viewed by a government agency.
Moreover, you are not informed when your data is analyzed, and no recourse is possible.
How can you protect your sensitive data?
To be sure of keeping your sensitive data away from prying eyes, choose a European cloud solution.
The Kiwi Backup solution addresses the CLOUD Act issue. Our company is based in Europe, more specifically in France, and all data is stored with OVH, a French hosting provider. With data outsourced to two remote sites (Roubaix and Paris), you have a 90-day history . In addition, billing is based on source volume only. If you are a software publisher or IT distributor, the solution is also available as a white label.