AZURE - General Data Protection Regulation (GDPR)

Question

Hello everyone... in MS Azure is there a BAA document to download that specifies that they comply with the European GDPR regulations?

We may have European clients and they will most likely ask us if our system complies with the standard. If that is the case, how can we obtain an Azure BAA to present to them?

Or if anyone has seen themselves in that scenario, what have they done?

Answer

Hello Sebastian Pacheco,

Welcome to the Microsoft Q&A and thank you for posting your questions here.

Problem

Sequel to your questions, I understand that you're asking if there is a BAA document to download that specifies user comply with the European GDPR regulations.

Scenarios

Lack of clarity on the availability of a Business Associate Agreement (BAA) from Azure specifying GDPR compliance.
Requirement to provide evidence of GDPR compliance to European clients.
Potential impact on business relationships and legal obligations due to non-compliance.

Solution

Microsoft provides comprehensive documentation and resources to support GDPR compliance in Microsoft Azure. Let me guide you through the relevant information:

General Data Protection Regulation (GDPR) and Microsoft:

The GDPR introduces new rules for organizations that offer goods and services to people in the European Union (EU) or collect and analyze data for EU residents, regardless of their location.
Microsoft has created a GDPR compliance guide to help organizations honor rights and fulfill obligations when using Microsoft products and services.
Key points to consider for GDPR implementation include: Developing or evaluating your GDPR-compliance data privacy policy. Assessing data security within your organization. Identifying your data controller and understanding data security processes. You can find more details in the Microsoft GDPR documentation.

Azure Compliance Documentation:

If your organization needs to comply with legal or regulatory standards, you can explore Azure's compliance offerings.
These include certifications, attestations, and compliance with various standards such as ISO, SOC, and regional regulations.
For specific GDPR-related information, refer to the Azure compliance documentation.

Azure Data Subject Requests for GDPR:

Azure provides a portal specifically for handling Data Subject Requests (DSRs) related to GDPR.

This portal guides you on how to find and act on personal data residing in Azure.

More details can be found in the Azure blog post.

Finally

Remember that Microsoft Azure services are verified compliant with the EU Cloud Code of Conduct for data protection. Microsoft is committed to meeting and exceeding the requirements of EU data protection laws⁵. If you have any further questions, feel free to ask!

References

Source: Conversation with Bing copilot, 4/11/2024.

(1) General Data Protection Regulation - Microsoft GDPR documentation.

(2) Azure Blog Post: Protecting privacy in Microsoft Azure: GDPR, Azure Policy Updates.

(3) Azure gains 100th compliance offering ... - azure.microsoft.com.

(5) Azure and EU GDPR pdf: How Microsoft Azure Can Help Organizations Become Compliant

NOTE: Some 25% of the above contents are from copilot and internet search.

I hope this is helpful! Do not hesitate to let me know if you have any other questions.

Please remember to "Accept Answer" if answer helped, so that others in the community facing similar issues can easily find the solution.

Best Regards,

Sina Salam

Answer

Hello, @Sebastian Pacheco !

Where can I find confirmation that Azure is GDPR compliant?

There isn't really a short version of this answer, unfortunately, as GDPR compliance relies on a Data Controller (you in the case of Azure) and a Processor (Azure/Microsoft in this case). This means that outside of perhaps ISO 27701 (PIMS), there isn't really a single certification you can point to. There are Azure based GDPR guides to make sure that you are in compliance as a Data Controller as well as information about how Azure is in compliance as a Processor however this is usually broken down into different scenarios.

Data Controller Compliance (you):

This depends largely on what you do with Azure so the GDPR compliance documentation and guides are what you'll need to guarantee that you are in compliance with GDPR when using Azure:

Processor Compliance (Azure/Microsoft):

Here is the definitive list of Azure, Dynamics 365, and Microsoft 365 compliance offerings (GDPR is under regional at the bottom):

https://video2.skills-academy.com/en-us/compliance/regulatory/offering-home?view=o365-worldwide

Navigating to this takes us to the General Data Protection Regulation Summary where we cover things like Data Controllers (Controllers) and Processors. Under the accountability readiness checklist, you'll see that Microsoft Azure, Dynamics 365, and Power Platform services are certified to ISO 27701 (PIMS):

To support the General Data Protection Regulation (GDPR) when using Microsoft Azure, Dynamics 365, and Power Platform use the set of privacy and security controls for personal data processors:

ISO/IEC 27701 standard for privacy management requirements

ISO/IEC 27001 standard for security techniques requirements Microsoft Azure, Dynamics 365, and Power Platform services are certified to ISO 27701 (PIMS).

There are also several specific scenarios:

Another valuable resource is the GDPR FAQ in the GDPR overview:

https://video2.skills-academy.com/en-us/compliance/regulatory/gdpr#gdpr-faqs

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