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Author Topic: The EU could prevent Microsoft from transferring user data to the USA  (Read 107 times)
javajolt
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« on: July 19, 2020, 12:06:44 AM »
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JULY 18 2020 | A few hours after the news of the cancellation of the Privacy Shield by the EU, a new information screen appeared in the Microsoft apps regarding the sending of personal data and the request for consent by the user in accordance with the protection of the right to privacy of the European GDPR regulation.

The EU cancels the Privacy Shield

The Court of Justice of the European Union has invalidated the Privacy Shield, the agreement for the transfer of data between the EU and the US. Behind the reasons there would once again be user privacy in the protection of the right to privacy of personal data between the EU and the US imposed by the GDPR rules, which have disappeared according to the Court of Justice.

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Court invalidates Commission decision 2016/1250 on the adequacy of the protection offered by the EU-US Privacy Shield regime


In the absence of an agreement, the new ruling could see the blocking of user data transfers between the EU and the US creating possible problems for American giants such as Microsoft. However, due to other contractual clauses and the presence of new Data Centers on European soil there should be no interruptions in sight, at least in the short term.

In this regard, Microsoft has already intervened on the issue by commenting and reassuring that the protection of user privacy remains a priority and has never been in discussion and that the services will not undergo any type of change.

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Today the Court of Justice of the European Union has issued a judgment relating to a case examining data transfers from the EU.

We want to clarify the impact of this decision for our customers.

We confirm that all our customers can continue to use Microsoft services, in full compliance with European law. The court ruling does not change the ability to transfer data between the EU and the United States using the Microsoft cloud.

For years, Microsoft has provided customers with high levels of protection for both the Standard Contractual Clauses (SCC) and the Privacy Shield for all data transfers. Although today’s ruling invalidated the use of the Privacy Shield, the SCCs remain valid. Our customers are already protected by SCCs for using the Microsoft cloud and related data transfers.

Furthermore, today’s ruling does not change the data flows of our services to Consumers. We transfer data between users, for example, when a person sends email or other online content to another person. We will continue to do so in accordance with today’s decision and with future and further guidelines from the EU data protection authorities and the European Data Protection Board.

In addition to supporting customers who transfer data between the EU and the United States, we will continue to work proactively with the European Commission and the United States government to address the issues raised by the ruling. The Court raised some important arguments that Governments must consider when establishing a data transfer policy between countries. We will continue to do our part by committing ourselves to work with European and American governments and regulators to address these issues. We are confident that the European Commission and the United States government will also work to address these issues and we are grateful that they are actively involved in finding solutions.

We have always worked to improve the level of protection for our customers. We were the  first cloud company  to work with European data protection authorities for Model Clauses approval in Europe and the  first company  to adopt new technical standards for the Privacy of Cloud services. We have accepted  the Privacy Shield as a successor to Safe Harbor after the cancellation of this model and we have extended the GDPR key rights to our Customers all over the world.

Finally, we will continue to take measures to defend the rights of our customers. We filed a lawsuit to challenge orders that required access to people’s data or to protect our ability to inform users of pending requests, bringing the case to the United States Supreme Court . Thanks to our actions, we have guaranteed greater transparency for our customers, through an  agreement  that has allowed us to disclose reports on the number of orders required by the United States national security. In addition to establishing  new policies  within the United States government that limit the use of secrecy orders.

Privacy is a continuous journey, and today’s sentence is not the last word. Our customers can be confident that we will strive to ensure that their data can continue to move through our services. They can also count on the fact that we will continue our work to provide them with greater protection based on the issues raised in today’s ruling and that we will collaborate with governments and those responsible for privacy policies, following the evolution of future decisions.


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