Microsoft 365 Copilot
Data storage 2/3
What the vendor states (our summary):
EU Data Boundary (includes Switzerland)
What this means: EU/EEA, or selectable region including Switzerland. Where data rests decides which law and which authorities can reach it. Swiss firms often require Swiss residency for client matters.
Where the AI runs / sub-processors 1/3
What the vendor states (our summary):
EU Data Boundary; flex routing can process outside (US, CA, AU) unless disabled
What this means: Can leave the region, or relies on US LLM APIs. Storage and AI processing are often in different places. A tool can store data in Zurich and still send prompts to models in another country.
US Cloud Act exposure 0/3 ⚖︎
What the vendor states (our summary):
US vendor
⚖︎ Judgment call: US-domiciled vendor, directly subject to the Cloud Act.
What this means: US-domiciled vendor or US-only processing. The US CLOUD Act lets US authorities require US providers to disclose data in their possession, custody or control, wherever it is stored. This score is always an editorial judgment call.
Art. 321 SCC auxiliary terms 2/3
What the vendor states (our summary):
General contractual commitment: data used only as the customer instructs (DPA/Product Terms); no auxiliary-person term
What this means: General confidentiality claim, no auxiliary-person term. Under Art. 321 SCC, auxiliaries of a lawyer are bound by professional secrecy, and Art. 13 para. 2 BGFA/LLCA makes the lawyer responsible for ensuring they respect it. Written auxiliary terms help document that.
revFADP / GDPR processing agreement 3/3 ⚖︎
What the vendor states (our summary):
Covered by the public Microsoft Products and Services DPA (Microsoft as processor); a Switzerland amendment applies the DPA to the FADP once accepted
⚖︎ Judgment call: Base DPA is public but GDPR-centred; the FADP is named in Microsoft's Switzerland amendment (April 2023 version, copy hosted by Swisscom), which must be accepted separately.
What this means: Public DPA that names the revFADP. Art. 9 revFADP and Art. 28 GDPR require a contract (or legal basis) when a processor handles personal data on your behalf.
No training on customer data 3/3
What the vendor states (our summary):
Prompts, responses and Graph data not used to train foundation LLMs
What this means: Contractual no-training, including model providers. If customer data trains a model, confidential content could surface elsewhere. Look for a contractual ban that also binds model providers.
ISO 27001 / SOC 2 3/3
What the vendor states (our summary):
Microsoft Copilot lists ISO 27001 and ISO 42001 among its certifications; Microsoft 365 ISO 27001:2022 certificate (2024-2027)
What this means: Own ISO 27001 or SOC 2 Type II. Independent audits (ISO 27001, SOC 2 Type II) give evidence that security controls exist and are tested.
What to ask this vendor
- Data storage In which country and data centre are our documents, prompts, outputs and backups stored?
- Data storage Can we contractually fix storage in Switzerland?
- Where the AI runs / sub-processors In which countries do the AI models process our prompts, including fallback or peak-load routing?
- Where the AI runs / sub-processors Please provide the full sub-processor list with locations, and how we are notified of changes.
- US Cloud Act exposure Is your company or any sub-processor in the processing chain a US company or a subsidiary of one?
- US Cloud Act exposure How would you respond to a foreign government request for our data, and will you notify us?
- Art. 321 SCC auxiliary terms Will you contractually accept auxiliary-person (Hilfsperson) status under Art. 321 SCC and pass it to sub-processors?
- Art. 321 SCC auxiliary terms Who at your company or at sub-processors can access our content in clear text?
Informational only, not legal advice. Results reflect vendors’ public statements on the date checked and our scoring rules. Verify contracts yourself before using any tool with client data.