* Posts by TheCloudLawyer

9 publicly visible posts • joined 6 Jul 2015

Data protection: Don't be an emotional knee jerk. When it comes to the law, RTFM

TheCloudLawyer

Re: Law/Theory vs Practice

"Do I trust the party to keep data safe (and am I convinced that third parties cannot lay hands on it -- like in the US)?

If it's anything short of a yes, we're not going to do business together, regardless of what the law says."

Agreed. The law is a fall back position but shouldn't replace due diligence on suppliers (and customers for that matter) or common sense.

TheCloudLawyer

Re: Euphemisms

Haha, it does make it sound like a film sponsored by Marvel...

TheCloudLawyer

True, not everyone obeys the law. Having words in a contract doesn't necessarily change that. And adding more intermediaries into the supply chain could increase the risks. That aside, a large public cloud vendor's standard position will be to recognise the customer owns its data.

TheCloudLawyer

Re: ... this will validate EU/US data transfers once more...

Yep, like DaLo said they just need to finalise & ratify but then, like Safe Harbour, you will be able to transfer data to US companies accredited under Privacy Shield.

Cloud provider goes TITSUP? Will someone think of the data!

TheCloudLawyer

Re: Those measures are rather woefully incomplete..

The legal side - particularly data laws - is often misunderstood. However, it is sensible to think about the legal issues upfront. But I would say that!

TheCloudLawyer

Re: The solution is simple...

Exactly. If you didn't build this scenario into your business continuity plan, it may well be too late to run to your lawyer.

TheCloudLawyer

Re: Those measures are rather woefully incomplete..

Exactly: plan ahead. Too late to start planning once it's happened...

TheCloudLawyer

Re: And remember

True, but even with an iron-clad statement of ownership of physical media and the ability to identify your particular back-up tape, you still need the insolvency practitioner to agree to hand it over and time is ticking...

TheCloudLawyer

Re: All well and good but

Yes, good point. From the customer's perspective, if they can plan ahead and migrate out as soon as the provider gets into financial difficulties, then they shouldn't be affected by the staffing and continuity issues of the (insolvent) provider.