Will the US cloud soon be illegal in the EU?

The European Commission relied heavily on the PCLOB in the agreement, although it functions only as a supplementary supervisory mechanism. Weakening the PCLOB would endanger the stability of the TADPF, even if short-term vacancies do not immediately cause the framework to collapse. Max Schrems criticizes the EU Commission for relying on uncertain monitoring mechanisms and wishful thinking instead of on stable legal protection.

A possible end within 45 days

The TADPF is in danger of collapsing under the Trump presidency, as Trump signed an executive order on Monday, Jan. 20, 2025. It provides for all decisions made by his predecessor Biden on national security to be reviewed and possibly repealed within 45 days. This could overturn the basis of the agreement in a matter of weeks. This would result in illegal data transfers between the EU and the US, said Schrems, who also criticizes the dependence of EU companies on such a politically unstable system.

If the US government repeals key elements of the TADPF, it could become illegal for EU companies to use US cloud services. Although data transfers will remain legal for now until the agreement is formally repealed, Max Schrems warns that companies should urgently develop contingency plans such as “Host in Europe” to prepare for potential legal uncertainties.

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