Legal Issues of Cloud Computing II
As I had hoped, there is a second part to the initial article on Legal Implications of Cloud Computing. This one, by Tanya Forscheit, specifically deals with privacy.
For example, she discusses the fact that, with cloud computing, it doesn’t matter where your data resides — it’s available to you when you need it. However, this is problematic in some countries. In the European Union, if a member state does not have an explicit law dealing with communication of privacy information, it prohibits transfer of that information out of the EU to other countries.
So, unless a cloud provider has worked within the EU legal system or its member states, it cannot move privacy information, e.g., email address, name, from the EU to other countries.
Forscheit suggests answering specific questions before signing a contract with a cloud provider; these questions include the locations of the servers and data, and if any plan is in place for data transfers across border.