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Legally secure basis for cloud-based business solutions despite invalidity of the EU-U.S. Privacy Shield

On July 18, 2020, the European Court of Justice declared the Privacy Shield data protection agreement invalid. The decision makes it clear: European data is not safe from third-party access in the USA and many other non-European countries. By using public clouds, however, companies are relinquishing control over their data. The legal ruling is unsettling and poses challenges for many companies. But there is a solution: R&S®Trusted Gate from Rohde & Schwarz Cybersecurity offers a radically new approach to data storage and enables the use of public clouds for GDPR-relevant data even in cases of legal uncertainty.

At the end of July, the European Court of Justice declared the 2016 data protection agreement between the EU and the USA to be invalid. As justification, the ECJ cites US laws that give security authorities extensive powers to monitor "foreign communications". European companies can no longer invoke the adequacy of the level of data protection under Art. 45 GDPR when transferring data to the USA.

The ruling is a major challenge for organizations and companies in Europe - a legally secure solution is needed as soon as possible. After all, more and more companies are relying on cloud-based applications in their worldwide collaborative work. And the major software providers are also pushing "cloud-only" solutions. As a result, more and more data from European organizations and companies is being stored in data centers of US cloud providers. And there they are no longer legally secure from third-party access.

In concrete terms, the ruling means that European companies must check whether the regulations are being observed before transferring data to any third country. This is hardly possible in everyday business life. Dieter Kempf, President of the Federation of German Industry, also calls for practicable regulations and legal certainty for European companies in global data and commercial traffic as quickly as possible.

Complying with the GDPR worldwide without legal uncertainties - with R&S®Trusted Gate

Rohde & Schwarz Cybersecurity, together with US provider Microsoft, already offers a suitable solution: While the workflows of Microsoft® Teams™ and Microsoft® SharePoint Online™ remain active for the users, the data is detached from the processes by the R&S®Trusted Gate data security solution. This decoupling of data from the work processes and service offerings of public cloud providers is one of the core strengths of R&S®Trusted Gate.

Keep control of your data and learn more about the R&S®Trusted Gate cloud solution.

While the workflows of frequently used solutions such as Microsoft® Teams™ and Microsoft® SharePoint Online™ can remain active for users, R&S®Trusted Gate gives organizations and companies complete control over where the data is stored. The data sovereignty thus gained enables them to easily comply with the frequently changing and tightened regional and global data protection regulations such as the GDPR worldwide without legal uncertainties.

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