The call for digital sovereignty is getting louder and more urgent, accelerated by the current political tensions, and a growing unease that our data is being held by non-EU companies that we have no control over.

In 2018, the US Government introduced the US Cloud Act. In simple terms, this law can require US companies to provide data stored on their systems, even if that data is held outside the United States. This can include data belonging to customers, organisations and public bodies. This means that companies like Microsoft, Amazon’s AWS and Google Cloud may be required by US law to hand over customer data if requested by the US government. In certain situations a court order can also prevent customers from being notified that their data has been accessed.

A recent incident involving Dutch government employees moved the concerns from a theoretical risk to a real world issue. Reports suggest that the U.S. government compelled Microsoft to release data that led to the identification of Dutch civil servants who were responsible for enforcing the EU Digital Services Act. This has raised concerns about the possible personal and professional implications for those identified, especially in a more uncertain political climate. The fallout has included the Dutch government demanding details of what data was accessed and shared, and the bringing forward of digital sovereignty measures.

The discussion over digital sovereignty spans issues around trust, EU capability and long-term independence. We have not even touched on the economic benefits of investing in EU-based open-source software and the building of infrastructure and investment in semiconductor manufacturing.

Sources

• Dutch Government Website - Response  https://www.tweedekamer.nl/kamerstukken/plenaire_verslagen/kamer_in_het_kort/groenlinks-pvda-vraagt-naar-het-delen-van-namen
• Chips Act 2.0 - proposal  https://digital-strategy.ec.europa.eu/en/library/proposal-chips-act-20
• U.S. Department of Justice - Cloud Act 2018   https://www.justice.gov/criminal/cloud-act-resources