Question 1

Is Microsoft 365 GDPR compliant for European organisations?

Accepted Answer

Microsoft 365 offers GDPR compliance mechanisms such as Data Processing Agreements and Standard Contractual Clauses. However, GDPR compliance does not resolve sovereignty concerns. Microsoft 365 received a Sovereignty Score of 28/100 (high risk), indicating that jurisdiction and data access risks remain even with GDPR safeguards in place.

Question 2

What is the sovereignty risk of using Microsoft 365?

Accepted Answer

Microsoft 365 carries high sovereignty risk with a score of 28/100. Microsoft 365 is subject to US CLOUD Act jurisdiction; EU Data Boundary addresses residency but Microsoft remains legally obligated to comply with US government data requests. Affected regulations include GDPR, CLOUD Act, NIS2, DORA.

Question 3

Can Microsoft 365 data be accessed by US authorities?

Accepted Answer

Yes. As a US-incorporated company, Microsoft 365 is subject to the CLOUD Act and other US surveillance legislation. This means US authorities can compel Microsoft 365 to disclose data — including data stored in EU data centres — without notifying the data subject or the European organisation. This applies regardless of contractual protections or EU data residency.

Question 4

What are European alternatives to Microsoft 365?

Accepted Answer

Several EU-headquartered or EU-sovereign alternatives exist that are not subject to US jurisdiction. These alternatives typically offer EU-only data residency, local incorporation, and alignment with European regulatory frameworks. See the full audit for specific alternative recommendations and sovereignty score comparisons.

Question 5

Should EU organisations stop using Microsoft 365?

Accepted Answer

Not necessarily. The decision depends on data sensitivity, regulatory requirements, and risk tolerance. Organisations handling highly sensitive, regulated, or classified data should consider EU-sovereign alternatives. For less sensitive workloads, Microsoft 365 may be acceptable with appropriate contractual and technical safeguards. A tiered approach — using sovereign tools for critical systems and Microsoft 365 for lower-risk workloads — is a common pragmatic strategy.

Microsoft 365 Sovereignty Report

Sovereignty Verdict

Frequently Asked Questions: Microsoft 365 Sovereignty

Related Sovereignty Resources

Sovereignty Foundations

Decision Frameworks

Migration Blueprints

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