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Social and Legal Issues of the Cloud Wednesday 16th March 2011. Dai Davis Solicitor and Chartered Engineer Partner, Brooke North LLP. Tel: 0113 297 9000 E-mail: daidavis@iee.org. Cloud Computing. Distinguishing Features – What is cloud Computing? Relationship with Software as a Service

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social and legal issues of the cloud wednesday 16th march 2011

Social and Legal Issues of the CloudWednesday 16th March 2011

Dai Davis

Solicitor and Chartered Engineer

Partner, Brooke North LLP

Tel: 0113 297 9000

E-mail: daidavis@iee.org

cloud computing
Cloud Computing

Distinguishing Features – What is cloud Computing?

Relationship with Software as a Service

How and when is Cloud computing used?

Licensing issues

Security, due diligence and data security implications

Contractual matters

Termination and other practical issues

what is cloud computing
What is Cloud Computing
  • Distinguishing features
  • Rental of hardware, software and data storage
  • Pay by usage or subscription
  • Increase server utilisation
  • Needs high bandwidth
types of cloud computing
Types of Cloud Computing

Cloud = “somewhere on the Internet”

Everything as a Service

Software as a Service

Platform as a Service

Storage as a Service

Utility computing

Web services

Internet integration

Managed service provision?

what is software as a service
What is Software as a Service
  • A software application is available on demand
  • Licence “as used”
  • Software may be downloaded to consumer device or not – often not
  • SaaS provider usually “hosts” data
  • “On demand licensing and management of information and output!”
benefits of cloud computing
Benefits of Cloud Computing
  • Leverage of web technologies
  • Economies of scale – hardware utilisation
  • Economies of scale – data storage?
  • Central management – updates and maintenance
  • One to many cf: one to one
  • But write once
    • control lost forever
  • Easy in
  • Reduction in transmission time
use of cloud computing
Use of Cloud Computing

Internet access – device independence

Speed of set up

Easy in

No training?

Easy out?

Facebook

Capital cost saving

Lock in?

licensing issues
Licensing Issues

Per user or subscription

Service level agreement?

In practice may not be a service level agreement

How are new cloud services used in your company?

Data security issues

data protection issues
Data Protection Issues
  • Control
  • Transmission via Internet
  • Sometimes virtualisation
  • Financial viability of supplier
  • 5 – Process for no longer than necessary
  • 7 – Appropriate measures
  • 8 – No export
data protection principle 5
Data Protection Principle 5

“Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes”

No further guidance

Can you be certain that the data will be destroyed when you want it to be

Corporate Facebook

data protection principle 7
Data Protection Principle 7

“Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes”

data protection principle 8
Data Protection Principle 8

“Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data”

contractual matters
Contractual Matters

Security audit

Service level agreement

Supplier security – will the supplier always be there?

Amazon Web Services LLC

Termination

social and legal issues of the cloud wednesday 16th march 20111

Social and Legal Issues of the CloudWednesday 16th March 2011

Dai Davis

Solicitor and Chartered Engineer

Partner, Brooke North LLP

Tel: 0113 297 9000

E-mail: daidavis@iee.org