Web Hosting Talk : Web Hosting Main Forums : Web Hosting : Can a Europe company have the Email hosted outside Europe?

[pedrojose]

Hello,

I have heard that companies located in Europe has to have the email also hosted in a European Datacenter because of privacy and storage laws.

So does anyone have any idea about this? Is it true, or can a European company has the email hosted for example in USA?


Thanks

[MikeTrike]

I don't know specifically about the laws in your area. But perhaps if the datacenter/provider follows the same guidelines for security required in Europe, it may be reasonable to assume its fine?

[XelionOne]

Hello.

I wouldn't put it that way at all... European companies have to have emails hosted securely no matter where the information is kept.

The Data Protection Act 1998 (UK but valid for most EU countries) The Act works in two ways.

Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is:

Fairly and lawfully processed
Processed for limited purposes
Adequate, relevant and not excessive
Accurate and up to date
Not kept for longer than is necessary
Processed in line with your rights
Secure
Not transferred to other countries without adequate protection

and the second area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records.

Should an individual or organisation feel they're being denied access to personal information they're entitled to, or feel their information has not been handled according to the eight principles, they can contact the Information Commissioner's Office for help. Complaints are usually dealt with informally, but if this isn't possible, enforcement action can be taken.

SO - the key in this is that the information must be kept securely.

Hope This Helps!
Best.
alex

[HostThree]

Data Protection Act 1998 only covers the UK, the Data Protection Directive or Directive 95/46/EC is the only legilsation that protects Europe as a whole.

You can't transfer any personal information outside of Europe to any country that doesn't meet the directive requirements, the US doesn't meet the requirements however there are some companies that have an agreement where they will follow the same rules.

[pedrojose]

some ideas until now, but no final response

it seems that there is some lack of information about this subject.

So any more ideas?

[HostThree]

There isn't a lack of information we've just told you above, they can host their email abroad in the US aslong as the US company agrees to follow the same legislation in Europe.

The USA has different Data Protection laws than us.

[EngineNetworks]

It depends on what kind of company we're speaking about.
If the case is about Public Company (governative, or hospital for example) data needs to be hosted inside the same coutry of the company.
For any commercial company, it just needs to be stored with good security.

[HostThree]

Originally Posted by EngineNetworks

It depends on what kind of company we're speaking about.
If the case is about Public Company (governative, or hospital for example) data needs to be hosted inside the same coutry of the company.
For any commercial company, it just needs to be stored with good security.

Thats so badly wrong, I would love to see the legislation that says that.

[tim2718281]

Originally Posted by HostThree

There isn't a lack of information we've just told you above, they can host their email abroad in the US as long as the US company agrees to follow the same legislation in Europe.

Well ... EU information holders are obliged to ensure compliance with EU laws relating to personal data, regardless of where they choose to store or process the data.

This is what stops call centre staff in India selling peoples' credit card details ... oh wait, no it doesn't ...

[HostThree]

Originally Posted by tim2718281

Well ... EU information holders are obliged to ensure compliance with EU laws relating to personal data, regardless of where they choose to store or process the data.

This is what stops call centre staff in India selling peoples' credit card details ... oh wait, no it doesn't ...

Thats exactly what I just said.

[SiberForum]

I have no idea about your local laws, but I think you can have your email hosted wherever you need or want
But better if you have some consultations with the local lawyer

[HostColor]

This might help: "The data protection rules are applicable not only when the controller is established within the EU, but whenever the controller uses equipment situated within the EU in order to process data. (art. 4) Controllers from outside the EU, processing data in the EU, will have to follow data protection regulation. In principle, any online business trading with EU citizens would process some personal data and would be using equipment in the EU to process the data (i.e. the customer's computer). As a consequence, the website operator would have to comply with the European data protection rules. The directive was written before the breakthrough of the Internet, and to date there is little jurisprudence on this subject."

[XelionOne]

It may seem like we are all saying different things - but we're not!! This is all you need to know. If you are a European company, or you host a European company - their data must be kept to the security standards as required by European laws. It does not matter where the information is kept, as long as the data centre you are hosted in / the company hosting you / both oblige by European laws. This can be found by contacting your provider, to see if they comply with EU standards or not. You will find that the better data centres in the States will offer a compliance or better than EU standards. If you are thinking about building a data centre, or need to know the exact requirements and want to know the actual specification those can be found on http://ec.europa.eu/justice_home/fsj...y/index_en.htm (official website).

The reason I mentioned the UK data protection act of 1998 is because it has to comply with the EU laws and is the only one I remember by heart! Yes, the directive would be best - but it basically states the same principles! If you want to read the elongated EU directive 95/46/EC http://ec.europa.eu/justice_home/fsj...6_part1_en.pdf

Otherwise the basics have been more than covered - as well as the essentials that you need to know. EU companies by law can have their emails stored ANYWHERE in the world - providing that where it resides is in a secure location which complies with European laws.

Hope This Helps.
Alex

[HostThree]

Originally Posted by SiberForum

I have no idea about your local laws, but I think you can have your email hosted wherever you need or want
But better if you have some consultations with the local lawyer

If you don't know what you're talking about, why give them legal advice?