US investigating authorities can access data stored in the cloud. This Specter is taking shape through European studies. But where and under what conditions the data stored are really concerned? A European Government has in principle, however, expressed, to use American cloud services: the Netherlands are the ones which have opted for this absolute path. The local Minister for security and justice, Ivo Opstelten, would like to prevent that US authorities have access to sensitive data on Dutch citizens. Cause for this decisive step is the United States PATRIOT Act (de.wikipedia.org/wiki/USA_PATRIOT_Act), which obligates all companies that have their headquarters in the United States, to cooperate with the investigating authorities, all preceded the FBI. That means basically that companies from the United States of such offers and contracts are closed out,”replied Minister Ivo Opstelten on a parliamentary inquiry on the subject (zoek.officielebekendmakingen.nl… ). Also if the United States PATRIOT in force is Act since October 2001, on the occasion of the Office 365-presentation in London was attention in June 2011 more on: on the question of whether Microsoft can guarantee that data from EU customers, who are located in EU based data centers, leave the European economic area under any circumstances even if a prompt under the PATRIOT Act”, said Gordon Frazer, Chief Executive Microsoft UK: Microsoft can not provide such guarantees, other companies can’t do this.” “The independent Centre for data protection Schleswig-Holstein (ULD) explained the results of his demand for company (www.datenschutzzentrum.de/ ..patriot act.html): this issue applies not only for companies, whose group mothers have their headquarters in the United States, but also for German companies with other group ties in the United States.” For that the existence of an independent U.S.
Office not once is necessary. It could not Guarantee provided, not issued in case of a US-arrangement-European data.” Comes the Faculty of law of the University of Amsterdam, in a recent study (Cloud_Computing_Patriot_Act_2012.pdf) to the same conclusion and added that it is sufficient for a direct access in the US investigating authorities, if a provider has its headquarters across the Atlantic as it is Apple, Google or Microsoft of the case from Amazon, or systematically conducts business in the United States. It is a misconception that data directly on servers located in the United States would have to be stored. It continues in the study, that European privacy laws offer no protection against the application of U.S. law and their application cannot be used from also through contractual agreements with the cloud provider. Because the data from non-U.S. citizens are not protected by the US Constitution. In this light, the first harsh published Dutch decision is comprehensible and understandable.
That is why it offers Transmitted AG out of conviction and to protect of your data according to the Federal Data Protection Act (www.gesetze-im-internet.de/…) only to services that are not the United States PATROIT Act. The transmitted servers are spread across two data centers in Frankfurt am Main, which are connected by an own fiber ring. In addition to resilience through different power grids and two locations we provide this security by redundant construction, active access controls and personalized security key.