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US Cloud Act and Sovereign Cryptography

The US Cloud Act allows US authorities to access data managed by US companies — regardless of where the server is physically located (including Switzerland).


Core Concept

The law creates a potential conflict with the Swiss nDSG and the EU GDPR. The technical solution lies in sovereign cryptography, where key control remains exclusively with the customer (BYOK / hold your own key).

Relevance

  • Risk Assessment: Evaluation of the risk when using US hyperscalers for sensitive data.
  • Encryption Standards: Consistent use of customer-managed keys (CMK).
  • Alternative Providers: Evaluation of Swiss providers not subject to the Cloud Act.

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