In a recent testimony before the French Senate, Microsoft's Head of Legal Affairs in France, Anton Carniaux, confirmed what many privacy advocates have long suspected: Microsoft cannot guarantee that the personal data of EU citizens stored on its European cloud servers will remain inaccessible to U.S. authorities. Due to the extraterritorial reach of the U.S. CLOUD Act, American companies are obligated to comply with legal demands from U.S. agencies, regardless of where the data is physically stored.
Previously, we have already covered the conflict between the EU and the US about data privacy laws. However, this admission has sparked a fresh wave of concern around the sovereignty of health data stored on U.S.-owned cloud infrastructure. For digital health platforms, public institutions, and insurers operating in Europe, the implications are far-reaching. At stake is not just legal compliance but also patient trust, data security, and institutional autonomy. Today, we explore the legal consequences of U.S. cloud dependence, detail key risks for health platforms operating under GDPR, and outline a safer alternative through jurisdictionally secure infrastructure built in Europe.
The risks are not theoretical. In a widely reported case, the International Criminal Court (ICC) experienced the suspension of its Chief Prosecutor’s Microsoft-hosted email account following political pressure from the U.S. government. Although Microsoft maintains that the ICC was not directly targeted, the episode exposed how foreign political dynamics can override operational independence, even for international institutions.
This situation showcases a broader risk: if one of the world’s most protected legal bodies can be affected, then European healthcare institutions using U.S.-based cloud infrastructure are equally vulnerable. Legal instruments like executive orders or data requests under the CLOUD Act can instantly compromise access to, or control over, sensitive patient records. For platforms handling health data, this is not just a privacy issue; it’s a systemic risk to operational reliability and institutional trust. Get more information on health data compliance here!
Healthcare data is among the most sensitive categories of personal information, critical not only for individual privacy but also for public trust in digital health systems. The fact that U.S. authorities can legally access European-stored data via the CLOUD Act presents several pressing concerns:
These issues have far-reaching implications for healthcare platforms, insurers, and digital therapeutics providers operating in Europe. They elevate compliance risks, undermine user confidence, and raise critical questions about institutional responsibility for data stewardship. For organizations handling clinical records, behavioral insights, or biometrics, safeguarding data means more than encryption or redundancy; it demands true legal control over who can access that data, under what conditions, and from which jurisdiction.
For insurers, digital health platforms, and care providers, relying on U.S. infrastructure now carries real consequences. The combination of foreign legal exposure, non-transparent data access, and geopolitical dependencies creates significant risks that go beyond mere regulatory concerns.
Key reasons why European healthcare must reconsider U.S.-based clouds:
Rethinking infrastructure choices can be a very draining process to undergo on your own. Nevertheless, there are ways you can do it with maximum comfort and minimum stress.
Healthcare data deserves legal protection that matches its clinical value. If you’re relying on U.S.-based infrastructure, it’s time to reconsider. At Thryve, we offer a health data platform that is explicitly built for the legal and regulatory demands of the European market. Our API is specifically designed to ensure:
Whether you're building digital platforms, remote patient monitoring apps, or insurance risk models, Thryve ensures your data strategy aligns with Europe’s highest legal and ethical standards.
Book a demo with Thryve to discover how our infrastructure keeps your health data compliant, secure, and under your control wherever your users are.