Archives: Cloud Computing

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LEGAL UPDATE: CLOUD COMPUTING IN HONG KONG

Written by Scott Thiel, Edward Chatterton and Louise Crawford The Hong Kong Privacy Commissioner for Personal Data (“PCPD“) recently published an information leaflet outlining the application of the Personal Data (Privacy) Ordinance (the “PDPO“) for data users looking to engage cloud providers. The information leaflet outlines the data protection principles (“DPPs“) which apply in the … Continue Reading

How Can A Month Have A Million Minutes? Measuring “Availability” for Your Data Center or Cloud Solution SLAs

Written by Joanna Sykes-Saavedra and Greg Manter In complex sourcing transactions, all sides are quick on the draw with calculators at the ready when it comes to determining formulas for charges or caps on limitations for liability. However, another point of negotiation that similarly requires a sharp pencil is the calculation of “availability” for service … Continue Reading

Cloudy Days….Where Next for Outsourcing?

Written by Kit Burden In recent times, we have seen an increasing number of deals where the required services have been delivered from the cloud, i.e., from remotely hosted solutions, usually (albeit not always) offered on a “one to many” basis and on a subscription/usage based model. This is obviously a trend that has been … Continue Reading

European Data Protection Supervisor launches its 2015-2019 strategy

The European Data Protection Supervisor (EDPS) launched it data protection strategy, summarizing it in three strategic objectives and 10 accompanying measures for the next five years. The EDPS stated that it is a crucial moment for data protection, a period of unprecedented change and political importance, not only in the EU but globally. 1. Data … Continue Reading

What happens in the cloud stays in the cloud: BIS reinforces export control insulation for cloud-based computing and processing

Written by Thomas M. DeButts The US Department of Commerce, Bureau of Industry and Security (BIS) recently released a redacted Advisory Opinion dated November 13, 2014 that confirms for cloud-based software vendors (or Software as a Service providers) that allowing access to export controlled software for use only in the cloud (or on servers) does … Continue Reading

BELGIUM: Belgian government’s new focus on privacy and technology laws

By Patrick Van Eecke and Antoon Dierick Almost five months after federal parliamentary elections took place, the negotiators from the four political parties around the negotiating table (Flemish parties NVA, CD&V and Open VLD and Walloon party MR) reached a coalition agreement which contains quite a few interesting policy initiatives from a privacy and IT … Continue Reading

Managing legal risks arising from cloud computing

By Phillip Kelly and Elinor Thomas, DLA Piper (UK) On 26 June 2014, the European Commission announced that it had been presented with guidelines on the standardisation of Service Level Agreements (SLAs) for cloud computing services. The publication of the guidelines represents only the latest step in the Commission’s wider European Cloud Strategy, which was … Continue Reading

FCA guidance for firms thinking of using third-party technology (off-the-shelf) banking solutions

Written by Nichola Prescott, Associate, London The Financial Conduct Authority has published a document setting out a list of points for financial services firms to consider when preparing for and evaluating third-party technology banking solutions. Where a third-party provides services which are critical to a regulated firm’s business operation, it will be considered an outsource … Continue Reading

Force Majeure: The Weather Doesn’t Care about Your IT Strategy

Our thoughts and prayers go out to those impacted by Hurricane Sandy and the Nor’easter.  While Mother Nature has been relentless against the east coast of the United States over the past several weeks, us IT attorneys cannot help but think about the significance of those force majeure clauses and disaster recovery plans in agreements that are often glossed over during … Continue Reading

UK INFORMATION COMMISSIONER ISSUES CLOUD GUIDANCE

The UK Information Commissioner’s Office (“ICO“) has released guidance on the use of cloud computing (“Guidance“). This Guidance follows the long awaited opinion of the EU Article 29 Data Protection Working Party (“WP 29“) (Opinion 05/2012 on Cloud Computing (the “WP29 Opinion“)) issued in July 2012, which stresses that control and transparency are key for … Continue Reading

SWING OF THE PENDULUM – SOLE TO MULTI AND BACK AGAIN by Kit Burden

If we cast our collective minds back to the days “pre-Crunch”, a marked feature of many sourcing strategies adopted by larger entities was a move to embrace multi sourcing (i.e whereby a service or set of services which could conceivably have been awarded to a single supplier was instead broken up and divided between a … Continue Reading

EU data protection regulators provide guidance on cloud computing

On 1 July 2012, the EU Article 29 Data Protection Working Party (WP 29) issued its long awaited Opinion 05/2012 on Cloud Computing (Opinion). In this document the WP 29 identifies a number of key data protection compliance issues that may arise in relation to the use and provision of cloud services. This Opinion is … Continue Reading
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