“No, I cannot guarantee” the protection of European data

The admission that hurts! Therefore, Anton Carniaux, legal director of Microsoft France, made a revelation before the French Senate. Similarly,

Questioned under oath on the protection of European data against American espionage. Therefore, his response is final: ” No, I can’t guarantee it“. Consequently, This declaration confirms what many suspected: even stored in Europe. Similarly, your data can end in the hands of the United States government. Moreover, The Patriot Act and the Cloud Act oblige all “no, i cannot guarantee” protection the tech us to cooperate, even abroad.

Oathing – "no, i cannot guarantee" protection

The scene takes place in June 2025 in front of the French Senate. Furthermore, The rapporteur Dany Wattebled asks the annoying question: ” Can you guarantee under oath that the data of French citizens entrusted to Microsoft will never be shared on the orders of the American government. Similarly, without the consent of the French authorities?« .

Anton Carniaux’s response is very clear: ” No, I cannot guarantee it, but it has never happened before. An admission that suddenly sweeps all Microsoft’s promises on European digital sovereignty and data protection.

This statement under oath finally reveals legal reality: Microsoft. like all American tech giants, remains subject to the laws of its country of origin, it “no, i cannot guarantee” protection doesn’t matter where the data is stored. The European cloud of Microsoft is only a mirage of sovereignty.

The Patriot Act. the Cloud Act: The laws that change everything – "no, i cannot guarantee" protection

Anton Carniaux explains that Microsoft can only refuse requests for information from the American government if they are “unfounded”. If the US authorities correctly make their request, Microsoft is “absolutely” required to transfer European data.

The legal director details the process: ” We firstly analyze the validity of a request. offset it if it is unfounded. I would like to emphasize that the government cannot make requests that are not precisely defined. But if the request is formulated? Microsoft has no choice.

Worse still: Microsoft cannot even guarantee to inform its European customers. The company can only request that the process be ” transmitted to the customer as far as possible“. In other words, you might never know that your “no, i cannot guarantee” protection data has been transmitted to the American authorities.

Brad Smith and his hollow promises

This revelation contrasts with the reassuring statements of Brad Smith, boss of Microsoft. In April 2024. Brad Smith promised to prosecute the United States government if necessary to protect European customers access to cloud services.

Brad Smith said at an Atlantic Council meeting in Brussels that Microsoft would contest any government decision to interrupt. cloud services for European customers. Promises that sound hollow in the face of the confessions of Anton Carniaux under oath.

Legal reality catches up with communication: no American company can permanently oppose its government. American laws apply to all subsidiaries, even European.

The International Criminal Court affair

The most telling example? The case of the Prosecutor of the International Criminal Court (ICC), Karim Khan. According to the agency APKarim Khan lost access to his Microsoft mailbox after American sanctions. He “no, i cannot guarantee” protection had to migrate to the Swiss Proton Mail to regain his independence.

Anton Carniaux denies all blocking: ” We have never suspended or blocked access to the ICC services. We chatted with the ICC from the start to find a solution. But he does not specify who, apart from Microsoft, was responsible for the problem of access.

Even international institutions like the ICC are not immune to geopolitical pressures.

The problem exceeds Microsoft: Amazon Web Services, Google Cloud, all American giants are in the same legal situation. Only European companies can guarantee real digital sovereignty.

Europe has technical skills to develop its own cloud solutions. What is missing is the political will and the massive investments necessary. But faced with the confessions of Microsoft, the urgency becomes obvious.