Firstly, I apologize for any brevity in my question and description. I'm under a NDA and can't really give out specifics.

A company in the Netherlands is saying that it would not be lawful for them to locate their primary data storage (specifically, supplier and part information) internationally in the United States, underneath a parent company. From all of my research I have not been able to find any evidence that this would be illegal.

Would anybody be able to give any advice on this?

  • 3
    It is possible if there is data that must be protected under the EU laws that would not get that protection under US Hosting. With out knowing more about what data they are wanting the protection for its going to be nearly impossible to do more than guess at what applies here.
    – Chad
    Commented Jun 9, 2015 at 21:58
  • 1
    What Chad said. It could also be something as simple as a software licensing issue. If they have a license from Oracle or SAP, for instance, that is not transferable or sublicensable, they would not be able to have the American company run the software they needed.
    – chapka
    Commented Jun 12, 2015 at 2:50

1 Answer 1


I am not a lawyer; I am not your lawyer.

I may have some of the terminology wrong, and I haven't researched specific statutes or sections, but I recall an interesting interaction between the USA PATRIOT Act and EU/Dutch Data Storage Laws.1

EU Data Storage Statutes and Regulations generally require that owners of data (that is, those to whom the data refers, or those who the data identifies) are notified of access to the data by a third party.

However, the USA PATRIOT Act contains requirements for the provision of data to law enforcement agencies, without notifying the owners.

This conflict is a likely reason for the company being unable to locate data in the United States.

As mentioned, there could (also) be contractual obligations that prevent them from doing so.

1. I'll put this link here though, because my quick-and-dirty answer has yielded this article: http://www.forbes.com/sites/ciocentral/2012/01/02/can-european-firms-legally-use-u-s-clouds-to-store-data/

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