Cloud Computing

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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…
Continue Reading LEGAL UPDATE: CLOUD COMPUTING IN HONG KONG

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

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…
Continue Reading Cloudy Days….Where Next for Outsourcing?

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…
Continue Reading European Data Protection Supervisor launches its 2015-2019 strategy

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

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

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…
Continue Reading Managing legal risks arising from cloud computing

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

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