Response to French findings regarding (free) online services from Google and Microsoft

22 December 2022 - Recently, there have been publications about the use of various Google online products in France. Educational institutions there are part of the state, and the processing of (personal) data therefore falls under the rules for processing by state institutions. As the use of some Google services is partly free, procurement rules do not in principle apply to them. However, according to French policy rules, this is necessary. The storage of sensitive data should also not be subject to rules of non-EU countries. Therefore, the French government now advises against using (free) online services from Google and Microsoft. However, these French rules do not apply in the Netherlands. Unlike the AVG, there are no specific conditions that data from educational institutions may only be stored in the Netherlands or in the European Union. Nor do specific purchasing conditions apply that require free online services not to be used. The developments in France therefore give no reason at present to doubt the legality of the use of Google services by Dutch educational institutions.

SURF and SIVON continue to consult with Google on the use of Google Workspace for Education by Dutch educational institutions. You can read more about this on our Google Workspace page.