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Dalibor Baskovc Member Executive Board and VP EuroCloud Europe Chairman EuroCloud Slovenia

European Cloud Computing Conference Panel 1: What should be the legal framework to help create a market for Cloud services?. Dalibor Baskovc Member Executive Board and VP EuroCloud Europe Chairman EuroCloud Slovenia dbaskovc@eurocloud.org.

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Dalibor Baskovc Member Executive Board and VP EuroCloud Europe Chairman EuroCloud Slovenia

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  1. European Cloud Computing ConferencePanel 1: What should be the legal framework to help create a market for Cloud services? Dalibor Baskovc Member Executive Board and VP EuroCloud Europe Chairman EuroCloud Slovenia dbaskovc@eurocloud.org

  2. -To what extent does the European Cloud Computing Strategy respond to the issues related to the implementation of a legal framework for Cloud Computing in Europe? • Very excellent in our view, because right measures are taken for a higher level of confidence in cloud computing by the customers • The European Cloud Strategy, as announced in Sept. 12, addresses the right points • Pillar 1 Cutting the Jungle of standards aims to generate a clearer view on relevant standards and specifications of cloud computing, in particular • process moderated by ETSI • on technical standards like interoperability, reversibility, • but also on SLA, which are elementary part of cloud contracts • a range of existing and well established IT standards meet the cloud requirements only practically • Pillar 2 harmonized Contract templates • Specially when relaying on the relevant standards of Pillar 1 • in particular on SLA standards • Pillar 3 Cloud Partnership Program for Europe’s Public Administration • As public administration represents 20% of the entire European ICT market, these pre procurement requirements will influence the entire market • As EuroCloud is European organization, we highly support all the measures which would help EU countries boost their economy through the opportunities that cloud computing gives, especially through govermental usage. However, local governments would have to understand what is their role in this program, and what they have to do in order to make the results of this program happen withing digital single market framework (legislation, interoperability, dataprotection, procurement,...) , and at the same time what they can expect or rely upon • So far, the European Cloud Strategy sets ideal preconditions • when realized in a best of breed approach • to foster trust and confidence by the cloud customers, specially in the SME arena • Not to forget • the need for a harmonized European Data Protection regulation • which also needs to be incorporated in the cloud contract templates

  3. Will additional legislation or actions from Member States be necessary to implement the roadmap successfully? • The cloud maturity is different among the European countries, which might impact also national legislation • From the cloud industry perspective, the ideal scenario would be a European wide harmonized legal framework without national differences • If the EU manages a broad synchronization among the member states, the need of individual national adjustments will decrease. • The European cloud strategy should not end in binding regulations for the member states, but in broadly accepted recommendations, which reduce the need for individual national adjustments to a minimum

  4. -How do the proposed measures respond to the concerns over data protection and privacy and how does the review of the Data Protection Regulation apply to cloud services? • The right level of regulation and minimum standards need to be met • If any regulation is that ambitious, that cloud providers, specially the SME based providers are almost hindered to meet these requirements, than the cloud strategy has failed and the effect would turn from an accelerating to an restricting effect • According to the EU strategy cloud shall lead to new employments throughout Europe and raise Europe’s GDP • Cloud as a platform sets the right preconditions for for new technologies and synergies for all industries and branches • Times never have been that challenging for start ups to realize new ideas based on cloud technologies • Our prediction is, that these start ups and innovative companies, weather small or large, all of them will gain advantages out of the cloud • But only, if the regulatory framework is flexible enough to meet the specific needs of SME’s and start ups

  5. -Would greater transparency into cloud providers’ practices be enough to overcome concerns over data security, availability, and infrastructure resiliency or is further action required? • Transparenyis a keysuccessfactortoachievemoreacceptance in themarketfor Cloud Computing. • EuroCloud is working actively in Guidelines, and together with industry reference partners is also developing the first cloud specific certification framework - EuroCloud Start  Audit, where providerscan find Guidelines, Background Information, Quality Criteriasandthe EuroCloud Star Audit asthefirstcloudspecificcertification EuroCloud Star Audit Compliance auditandcertification EuroCloud Benchmark Compliance assessment EuroCloud CSP critieria VendorSelection EuroCloud CLOUD QUALITY INFORMATION PYRAMID EuroCloudGuidelines Law, Data Privacy, Compliance

  6. Further contact EuroCloud Europe: aweiss@eurocloud.org Managing Director EuroCloud Europe EuroCloud Europe a.s.b.l. L1013 Luxembourg, 7, Rue Alcide de Gasperi. Luxembourg

  7. EU Commision cloud WG participation • Service level agreements • Voluntary certification schemes • Interoperability • Trust & security • Binding corporate rules • Industry codes of conduct • Other issues, e.g. • Environmental performance • Digital content • eSkills

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