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The EDPS launched two investigations today, one regarding the use of cloud services provided by Amazon Web Services and Microsoft under Cloud II contracts by European Union institutions, bodies and agencies (EUIs) and one regarding the use of Microsoft Office 365 by the European Commission.

These investigations are part of the EDPS’ strategy for EU institutions to comply with the “Schrems II” Judgement so that ongoing and future international transfers are carried out according to EU data protection law.

In line with his strategy, the EDPS ordered EUIs in October 2020 to report on their transfers of personal data to non-EU countries. The EDPS’ analysis shows that because of diverse processing operations, in particular when using tools and services offered by large service providers, individuals’ personal data is transferred outside the EU and to the United States (US) in particular.

The EDPS’ analysis also confirms that EUIs increasingly rely on cloud-based software and cloud infrastructure or platform services from large ICT providers, of which some are based in the US and are therefore subject to legislation that, according to the “Schrems II” Judgement, allows disproportionate surveillance activities by the US authorities. 

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