SaaS Agreements – Data Protection – Microsoft Irish Data Centre Decision

Many SaaS customers are concerned whne using data centres which are owned by a US parent company i.e. Microsoft or Amazon, that even if their SaaS data is stored in a data centre located in the EU it will not be protected against disclosure to US authorities. The recent US court of appeal ruling won by Microsoft has confirmed the position, namely that SaaS suppliers and SaaS customers who use data centres located in the EU, owned by US companies, can prevent US authorities from accessing their data in some circumstances.

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SaaS Agreements – Data Protection – Microsoft must disclose data on EU server

Many SaaS customers falsely believe that if their SaaS data is stored in a data centre located in the EU it will be protected against disclosure to the US authorities. This is incorrect. The recent US court ruling against Microsoft has confirmed the position, namely that SaaS suppliers and SaaS customers who use data centres located in the EU, owned by US companies, cannot prevent US authorities from accessing their data.

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