Legal Opinion
Data protection compliant use of cloud services from unsafe third countries by seperating service and content
[Title] homines deliciis diffluentes audiendi
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"Gartner Peer Insights is a free peer review and ratings platform designed for enterprise software and services decision makers. Reviews go through a strict validation to ensure they are authentic. Only vendors with 10 or more eligible published reviews are included."2 

Rohde & Schwarz Cybersecurity is one of the representative vendors in 2020 among the vendors with the highest number of eligible published reviews in the market.

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1As of 31 December 2019 based on 13 reviews"
2Gartner, Gartner Peer Insights ‘Voice of the Customer’: Web Application Firewalls, Peer Contributors, 10 February 2020 Gartner does not endorse any vendor, product or service depicted in its research publications, and does not advise technology users to select only those vendors with the highest ratings or other designation. Gartner research publications consist of the opinions of Gartner’s research organization and should not be construed as statements of fact. Gartner disclaims all warranties, express or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose. The GARTNER PEER INSIGHTS Logo is a trademark and service mark of Gartner, Inc. and/or its affiliates and is used herein with permission. All rights reserved. Gartner Peer Insights reviews constitute the subjective opinions of individual end users based on their own experiences and do not represent the views of Gartner or its affiliates.

Following the ruling of the European Court of Justice in July 2020, the Privacy Shield has failed as a legal basis for the transfer of personal data of European citizens to the USA due to insufficient data protection.

Against this background, the question arises to what extent cloud services such as Microsoft® Teams and 365 can be used at all. Prof. Dr. Heckmann has written a legal opinion on this topic. In addition to the reasons for the Schrems II ruling and its implications for the use of public cloud services, the expert opinion also considers the extent to which a technical solution such as R&S®Trusted Gate represents a way out of the current cloud dilemma.

Core contents of the legal opinion:
  • General principles of data transfer to third party countries
  • Previous legal bases for data transfer to the USA up to the Schrems II ruling
  • Future solutions and attempted solutions
  • The separation of cloud service (business level) and content data usage (encryption level) as an innovation of R&S®Trusted Gate
  • Trustworthiness through data ownership
  • R&S®Trusted Gate as a data protection-compliant multi-level system

Prof. Dr. Dirk Heckmann holds the Chair for the Law and Security of Digitalization at the Technical University of Munich. His provided legal opinion clarifies many important questions regarding the privacy-compliant use of cloud solutions such as Microsoft 365 or Teams and also shows a clear way out of the "cloud dilemma" that has arisen after the Schrems II ruling of the European Court of Justice on the subject of data protection.

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in the Healthcare Industry
1As of 31 December 2019 based on 13 reviews"
2Gartner, Gartner Peer Insights ‘Voice of the Customer’: Web Application Firewalls, Peer Contributors, 10 February 2020 Gartner does not endorse any vendor, product or service depicted in its research publications, and does not advise technology users to select only those vendors with the highest ratings or other designation. Gartner research publications consist of the opinions of Gartner’s research organization and should not be construed as statements of fact. Gartner disclaims all warranties, express or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose. The GARTNER PEER INSIGHTS Logo is a trademark and service mark of Gartner, Inc. and/or its affiliates and is used herein with permission. All rights reserved. Gartner Peer Insights reviews constitute the subjective opinions of individual end users based on their own experiences and do not represent the views of Gartner or its affiliates.