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Thomas Krause

ABOUT THE AUTHOR

Thomas Krause is employed at eOperations Switzerland Ltd, serving as Product Manager NEST - a leading provider of business solutions for tax administrations in German-speaking Switzerland - while also heading the office of the Digital Tax Association (VDS). He studied business with a focus on taxation and auditing in Germany. After graduation he gained hands-on experience in Switzerland—working, among others, for Ringler Informatik Ltd (e-Tax complete solutions), the Zurich Cantonal Tax Office and Kendris Ltd.
CLOUD Act
by Thomas Krause | Apr 27, 2026 | Information Technology

k-flash audio commentCLOUD Act
k-flash audio commentCLOUD Act

The case

Swiss cloud service providers may increasingly be exposed to the jurisdictional reach of US law enforcement authorities.

Source: NZZ 20.04.2026 Clara-Ann Gordon und Luisa Egli

The commentary

Both scholarly debates and policy debates concerning the US CLOUD Act and its implications for Switzerland’s digital sovereignty have gained renewed prominence. There is a growing argument for the negotiation of a bilateral treaty aimed at establishing a coherent and predictable legal framework for cross-border access to electronic evidence.

The CLOUD Act, in force since March 2018, allows US authorities to access data stored outside the United States in connection with criminal investigations. This includes data managed by cloud providers with a US nexus, even if the data itself is hosted in other jurisdictions.

The legislation also enables the United States to enter into bilateral Executive Agreements that streamline cross-border data access procedures. To date, such agreements have been concluded with the United Kingdom and Australia, setting precedents for international cooperation in this area.

This publication has been prepared solely for information purposes and is does not constitute a recommendation, a solicitation, or an offer. The information on which this publication is based has been obtained from sources that we believe to be reliable and in good faith, but we have not independently verified such information and no representation or warranty, express or implied, is made as to its accuracy. All expressions of opinion are made as of the date of publication and may be subject to change without notice. k-flash and all related affiliates accepts no liability or responsibility whatsoever for any consequential loss of any kind arising out of the use of this publication or any part of its contents. The use of this publication should not be regarded as a substitute for the exercise by the recipient of his or her own judgment. This publication is not directed to any person in any jurisdictions that prohibit such publication.
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