EU data sovereignty & regulatory compliance
Why data sovereignty matters for email processing
Inbound email is one of the most sensitive data flows in any organisation. Invoices, contracts, customer complaints, HR correspondence, legal notices — all of it arrives via email. Where that data is processed and who has legal authority over it is a material business risk.
The U.S. jurisdiction problem
Most email processing services are operated by U.S. companies or use U.S.-owned cloud infrastructure. This creates exposure to several U.S. laws that directly conflict with EU data protection:
CLOUD Act (2018)
The Clarifying Lawful Overseas Use of Data Act allows U.S. law enforcement to compel U.S.-based companies to hand over data stored anywhere in the world — including EU data centres. A DPA with a U.S.-owned processor cannot override this.
FISA Section 702
The Foreign Intelligence Surveillance Act allows U.S. intelligence agencies to collect data from non-U.S. persons through U.S. technology companies. This surveillance operates without individual warrants and can encompass email content.
Patriot Act
Grants broad authority for U.S. government agencies to access business records held by U.S. companies, including data stored in EU locations.
The practical impact
The Schrems II ruling (2020) invalidated the EU-U.S. Privacy Shield precisely because of these conflicts. The EU Court of Justice found that U.S. surveillance laws provide insufficient protection for EU personal data. This legal uncertainty affects any organisation using U.S.-owned email infrastructure.
How EmailConnect ensures sovereignty
EmailConnect is designed from the ground up to eliminate U.S. jurisdictional exposure:
EU-owned company
EmailConnect is owned and operated by an EU entity. No U.S. parent company, no U.S. investors with board control, no U.S. legal obligations.
EU-only infrastructure
All servers, databases, and storage are located in EU data centres (Germany and the Netherlands), operated by EU-headquartered providers. No AWS, no Azure, no Google Cloud.
EU-only sub-processors
Every component of our stack is provided by EU-based companies. Payment processing via Mollie (Netherlands), object storage via Scaleway (French company, data in nl-ams region, Netherlands), hosting and email processing via Hetzner (Germany).
No data transfers outside the EU
Email data never leaves EU jurisdiction at any point in the processing pipeline. This eliminates the need for Standard Contractual Clauses (SCCs), Transfer Impact Assessments (TIAs), or other Schrems II workarounds.
Regulatory framework alignment
GDPR
EmailConnect supports full GDPR compliance including:
- Article 5 — data minimisation and purpose limitation
- Article 28 — formal DPA available for enterprise customers
- Article 32 — technical and organisational security measures
- Article 44-49 — no international transfers required
NIS2
For organisations subject to the NIS2 Directive, EmailConnect's enterprise tier provides audit logging and incident reporting capabilities aligned with NIS2 requirements.
Sector-specific regulations
Our EU-sovereign architecture supports compliance with sector-specific requirements including:
- Financial services — MiFID II communication record-keeping
- Healthcare — patient data handling under national health data laws
- Legal — client confidentiality and legal privilege protection
- Government — sovereign infrastructure requirements for public sector
Further reading
- The hidden GDPR trap — why server location isn't enough
- Enterprise features overview
- Data processing agreement (DPA)
Questions?
If you need specific compliance information for your organisation's vendor assessment, contact us at enterprise@emailconnect.eu.