New York, NY asked in Business Law and Contracts for New York

Q: Am I following US or local law if I am a subcontractor working in the US, but I host data in Euro-based data centers?

Hi, I am a consulting company with operations in the UK and NYC. When working with US-based clients, the data our US consultants generate, store, or receive from clients is hosted in Euro-based data centers. Given the above, am I following proper legal, regulatory (Federal, State, or Local Municipality) laws and rules by using Euro-based data centers to store data (No PII is stored)? What should I be aware of when working with US clients?

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2 Lawyer Answers

A: This is a complex area of the law and it isn't possible to provide a response with the limited information provided. You need to consult with a Privacy Professional or a Privacy Attorney that can review your process and provide you appropriate guidance depending on multiple factors. This would also include any written disclosures you may be required to make to your U.S. clients.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: Choice of law (including conflicts of law) can be a complex area that could require more thorough review than is possible in the brief format of a Q & A board. Another issue that could be worth considering is the selection of forums and governing laws (UK, US, federal court, state court, civil court, arbitration, etc.) for resolution of disputes. Good luck

Tim Akpinar

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