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Data sovereignty

Outside the Microsoft cloud. Beyond the CLOUD Act. Under Swiss law. What these three sentences mean in practice — and what they do not.

Where your data is

On our servers, in Switzerland. Not “in a European region of a cloud”: on machines we own, in a Swiss data centre, run by our engineers. Your messages, calendars, contacts, backups and our technical logs never leave the country.

Outside the Microsoft cloud

We run Microsoft Exchange Server, the software — licensed and installed on our premises. It is the same product family as Microsoft 365, with one difference that changes everything: Microsoft does not host your data, does not access it, and does not administer the servers that hold it. Microsoft sells us software; it never sees your mail.

With Microsoft 365 it is the other way round: your mailboxes live in Microsoft's data centres, under the control of a US company — even when the chosen “region” is Switzerland or Europe.

Beyond the CLOUD Act

The CLOUD Act is a US law from 2018. It lets US authorities compel a provider under their jurisdiction to hand over data, wherever that data is stored — including in a Swiss data centre. Hosting “located in Switzerland” with a US provider does not escape it.

Mail Exchange is a service of Pexys Sàrl, a Geneva company. Our servers are in Switzerland, so are our backups, and no US provider is involved anywhere in the chain: not for hosting, storage, backup or administration. The CLOUD Act does not reach us, because it has no hold on us.

A foreign authority seeking data hosted with us must go through international mutual legal assistance — that is, through a decision by a Swiss authority.

Under Swiss law

Your data falls under the Swiss Federal Act on Data Protection (nFADP, 2023) and Swiss law alone. We disclose data only to a Swiss authority, on a formal decision, and we inform you whenever the law allows.

For professions bound by secrecy — lawyers, doctors, fiduciaries, notaries — this is what lets confidentiality survive outsourcing your mail.

At a glance

Mail Exchange Microsoft 365
Provider Pexys Sàrl, Geneva Microsoft Corporation, USA
Servers Ours, in Switzerland Microsoft's, region of your choice
Microsoft's access to data None Operates the service
CLOUD Act No hold Applies, whatever the region
Governing law Swiss (nFADP) Swiss or EU, subject to US law
Backups In Switzerland, with us With Microsoft

What this does not cover

Sovereignty stops at the door of our servers. A message sent to someone on Gmail or Outlook.com is on Gmail or Outlook.com. Outlook installed on your computer remains Microsoft software, with its own telemetry. And a phone that syncs your mailbox keeps a copy.

We protect what we host. The rest is yours — and we are glad to help you set it up.