Microsoft admits: "I cannot guarantee that European 🇪🇺 data will never be transferred to the U.S. government 🇺🇸."

During a Senate hearing, Anton CARNIAUX, Legal Director of Microsoft France, acknowledged a reality often downplayed: the Cloud Act applies even to data hosted in European datacenters.

👉 If the parent company is American, U.S. law prevails.

⚖️ Why this matters:The Cloud Act allows U.S. authorities to request data held by any American provider, even if stored outside the United States.

✅ Practical solutions, even for SMEs:

🔹 Data Privacy Framework (DPF) (since 2023) governs data transfers to certified American companies (e.g., Microsoft, Google).

➡️ Companies must comply with strict EU rules.

✔️ U.S. authorities access data only with specific justification.

✔️ Recourse is possible in case of abuse.

🔹 For sensitive or critical data:

👉🇨🇭 Create a Microsoft Tenant outside the DPF (Switzerland, Norway, UAE…).

👉🏢 Internalize your data: secure internal infrastructure or certified sovereign host (HDS, ISO 27001, SecNumCloud…).

🎯 The CIO: key actor in compliance and IT strategy

These decisions aren’t just technical. A CIO (even part-time) helps you:

1️⃣ Translate constraints into tailored IT solutions,

2️⃣ Implement choices aligned with your business,

3️⃣ Align IT, legal, and management.

❓ And you? Executives, CFOs, legal teams:

🔍 Do you really know where your data goes?

✅ Does your infrastructure meet your standards?

💼 At 🟣 DSIACTIVE, we are 20 CIOs across France, ready to support your local, national, or international business.📌 The topic is complex, but solutions exist.

👉 Contact us for a diagnosis or enlightening discussion.

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