The debate surrounding data sovereignty and the influence of US authorities over European data is becoming increasingly pressing. A recent legal opinion from the University of Cologne, commissioned by the Federal Ministry of the Interior, shows that only SaaS solutions from companies with European management, ownership structure and hosting locations offer genuine protection. As a member of the Federal Association of IT SMEs (BITMi), EGOTEC offers SaaS.de, a secure and sovereign cloud application.
BITMi on the report regarding data access by US authorities: EU companies are the first choice for data sovereignty
- The report confirms once again that data hosted by US companies and their subsidiaries in Europe is not safe from US access, despite marketing promises.
- BITMi calls on the German Government to take action and put digital sovereignty into practice.
- Companies with their headquarters, management and ownership structure in Europe are the safest choice for data storage and processing
This week, the legal opinion entitled ‘On the US legal situation regarding global data access by US authorities’, commissioned by the Federal Ministry of the Interior and Homeland Affairs (BMI) and produced by the University of Cologne, was made public. This report once again proves beyond doubt that US authorities can access data hosted in the EU belonging to US companies and their European subsidiaries. The Federal Association of IT SMEs (BITMi) would like to use this report as an opportunity to urge companies – and, in particular, the Federal Government – to back up their commitments to digital sovereignty with concrete action. This is because data sovereignty and data protection are a crucial foundation for our digital resilience, and US corporations have demonstrably failed to guarantee these to the same extent as EU companies. Mere promises regarding location or marketing are not enough to guarantee digital sovereignty – as long as providers remain closely tied to the US through corporate structures or business relationships, access to European data by US authorities remains a real risk.
“It is telling that this time the report was commissioned by the Federal Government and has been available since March. We urge politicians in particular to draw the necessary conclusions from this: When selecting digital solutions for public authorities and administration, resilience, data sovereignty and compliance with European law must be decisive selection criteria, and the domestic digital economy must be strengthened,” said Christian Gericke, Vice-President of BITMi, commenting on the report.
The report does not rule out the possibility that EU companies operating in the US market – for example, through branches – could be required by US authorities to hand over data stored in the EU. “US authorities may attempt to exert pressure if they find vulnerabilities on the ground. However, US authorities have no enforcement powers on EU territory,” explains Rasmus Keller, spokesperson for the BITMi’s IT Law Section. “Companies based in the EU, with a European management and ownership structure, are legally the first choice for the secure storage and processing of data. A limited presence on the US market also enhances the economic independence of EU providers,” says Keller.
The BITMi report confirms what EGOTEC has been putting into practice with SaaS.de for years: genuine data sovereignty can only be achieved through a European ownership structure, hosting in Germany and consistent compliance with European data protection standards. As a certified provider of ‘Software Made in Germany’ and ‘Software Hosted in Germany’, we offer our customers a secure, future-proof platform that makes no compromises when it comes to data protection and resilience.
For decision-makers and IT managers, this means:
- European server locations as a fundamental prerequisite for data security
- Transparent ownership structures with no US shareholdings
- Certified solutions such as ‘Software Hosted in Germany’ as a guarantee of trust
If you have any questions regarding data sovereignty, please contact our SaaS.de team