Data transfers from the EU: Ensuring protection in hosted solutions

By Kenneth N Rashbaum Esq. and Jason M. Tenenbaum of Rashbaum Associates, LLC.

This blog post is for informational and educational purposes only. Any legal information provided in this post should not be relied upon as legal advice. It is not intended to create, and does not create, an attorney-client relationship and readers should not act upon the information presented without first seeking legal counsel.

Among the European responses to the release of documents by Edward Snowden was a plethora of proposals to create cloud providers that would host data exclusively on servers located in Europe.  The basis of this reaction may be found in the European privacy laws, which place severe constraints upon disclosures of personal data (data that can be linked to an identifiable person).  For reasons steeped in history, the greatest concern of many countries is the prospect of the U.S. government accessing personal data of …