Microsoft's ICC email block triggers Dutch concerns over dependence on U.S. tech

Microsoft’s recent decision to block access to the email account of International Criminal Court (ICC) Chief Prosecutor Karim Khan is raising urgent questions in the Netherlands about the country’s deep reliance on American technology companies, de Volkskrant reports. The move followed U.S. President Donald Trump’s sanctions against the ICC—an escalation triggered by arrest warrants targeting, among others, Israeli Prime Minister Benjamin Netanyahu.

The blocked access, enforced by Microsoft, means Khan can no longer read messages sent to his official account. The decision, directly tied to U.S. foreign policy, reportedly underscores the vulnerability of Dutch public institutions that depend on American tech infrastructure. The incident has reignited political debate about the extent to which the Netherlands can—and should—continue relying on Microsoft.

“It’s absolutely on our radar,” said a senior Dutch civil servant to de Volkskrant. “This issue is receiving full attention across all levels of government.” Ludo Baauw, director of Dutch cloud provider Intermax Group, described the reaction to Trump’s return to office as an “earthquake,” in comments to de Volkskrant. According to Baauw, at least ten vital Dutch public-sector organizations have contacted Intermax to explore how to reduce their reliance on U.S.-based cloud services.

“The vast majority of the national government is now having second thoughts,” Baauw told de Volkskrant. “But switching isn’t easy. A typical IT migration can take six months to three years.”

Dutch law already requires critical infrastructure organizations to maintain a backup plan. Baauw is assisting hospitals and other key institutions in at least placing copies of their emails within the Netherlands to safeguard access if Microsoft ever blocks services such as Microsoft 365. “If Microsoft shuts down access to its office software, they’ll still be able to read their emails,” he told de Volkskrant.

Baauw noted that some government bodies managed to halt migration to Microsoft’s U.S.-based cloud “just in time.” One of them, he said, is among the most critical national institutions, though he declined to name it. Others, already integrated, are now trapped. “It’s like that Eagles song ‘Hotel California’: you can check out anytime you like, but you can never leave.”

Within the Dutch government, Microsoft’s dominance is firmly entrenched. One example is the “Beter Samen Werken” (Better Working Together, or BSW) program, a joint initiative of four ministries to modernize civil service workflows. In 2023, the project adopted Microsoft Teams. When officials recently considered whether to continue with Teams for version 2.0, the answer was yes—citing existing licenses and functionality. The Ministry of the Interior, which oversees BSW, acknowledged the rising pressure to rethink that decision. “Due to the changing geopolitical climate and the growing importance of digital autonomy, we are reevaluating this choice,” a ministry spokesperson said.

In preparation for possible policy shifts, the ministry is also investigating alternative technologies, including those developed in France and Germany. However, the so-called "openBSW" project—intended as a more autonomous platform—still uses Microsoft management software. “It’s quite difficult to connect alternative cloud solutions to Microsoft’s systems,” a person involved in the project told de Volkskrant.

Government agencies operate on Microsoft systems, hire employees with Microsoft expertise, and those employees, in turn, continue recommending Microsoft. “There’s political pressure, but in practice, all they know is Microsoft,” the same person said.

Marietje Schaake, a technology policy expert and author of The Tech Coup, said Microsoft has strategically positioned itself as the go-to government partner. “The Netherlands has long been transatlantic in orientation and gives commercial parties a lot of space,” Schaake told de Volkskrant. She also pointed to a revolving door between Microsoft and government institutions.

In April, Microsoft launched a charm offensive, aimed at calming concerns across Europe. In a blog post, the company said it is “listening closely” to European governments and understands that they must have “rock-solid” confidence in their digital infrastructure. Microsoft offered to store a copy of its source code in a secure vault in Switzerland.

But Baauw remains unimpressed. “What use is that to me as a customer? None. It doesn’t change the geopolitical facts,” he told de Volkskrant.

Bert Hubert, a Dutch software expert, saw in Microsoft’s action against the ICC the contradiction in its messaging. “A few weeks ago, they issued all these grand statements and promises that this would never happen,” Hubert told de Volkskrant. “And now it happens anyway.”