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Chronicles

The story behind the story

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As the Trump administration neuters the PCLOB and reviews the EO behind the EU-US Data Privacy Framework, the EU should stop moving to US clouds

We used to think that grieving went through five stages: denial, protest, bargaining, depression, and acceptance.

Bert Hubert's writings

Context & Ripple Effects

The argument lands on a long-running fault line in transatlantic data policy: the EU-US transfer arrangement was reached after two earlier pacts had been invalidated or challenged, leaving durability central to its value. The administration's review of the underlying order and weakening of the PCLOB put renewed focus on the safeguards supporting the 2023 EU-US data-transfer deal.

It also revives concerns that US legal reach can extend to data held abroad, a tension exposed during debate over the Cloud Act's overseas-data provisions. The issue matters operationally because EU organizations must assess cloud-provider exposure alongside the legal basis for their transfers.

First-order effects

  • EU organizations using or considering US cloud services face greater uncertainty over whether the Data Privacy Framework's safeguards will remain credible, increasing pressure to reassess transfer and hosting decisions.
  • US cloud providers' European sales pitches become more exposed to governance risk, even without an immediate change to customers' technical infrastructure.

Second-order effects

  • European cloud providers can use the uncertainty to compete for privacy-sensitive workloads; related coverage already recorded EU organizations weighing moves away from major US clouds.
  • Procurement teams may place more weight on contractual, data-location, and provider-jurisdiction criteria, adding friction to cloud migrations and renewals involving US vendors.

Third-order effects

  • If the framework's institutional safeguards are weakened or overturned, cloud jurisdiction—not just price, features, and reliability—could become a more durable factor in European infrastructure selection.
  • The episode underscores that cross-border cloud markets depend on stable legal oversight arrangements; repeated uncertainty can favor regional capacity and more fragmented data architectures, though the scale of any shift depends on EU enforcement and customer action.

The trend: Transatlantic privacy governance is increasingly shaping cloud-buying decisions as European customers weigh the legal jurisdiction of their infrastructure providers.

Discussion

  • @maggiemcneill Maggie McNeill on bluesky
    In the big picture, how did anyone who isn't a total delusional fool ever believe that something called a “cloud” would be permanent, opaque, and secure? [embedded post]
  • @jeremymorrell.dev Jeremy Morrell on bluesky
    I like the framing here of “negotiating with reality” berthub.eu/articles/pos...
  • @rop.gonggri.jp Rop Gonggrijp on bluesky
    Hah!  Only after posting this I found out that greater minds than mine had just today written more elaborately on this topic.  I recommend reading Bert Hubert's aptly named piece “It is no longer safe to move our governments and societies to US clouds.”  —  berthub.eu/articles/po…
  • r/europe r on reddit
    It is no longer safe to move our governments and societies to US clouds