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Social and Legal Issues of the Cloud Wednesday 16th March 2011

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

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  1. 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

  2. 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

  3. What is Cloud Computing • Distinguishing features • Rental of hardware, software and data storage • Pay by usage or subscription • Increase server utilisation • Needs high bandwidth

  4. 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?

  5. 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!”

  6. 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

  7. Use of Cloud Computing Internet access – device independence Speed of set up Easy in No training? Easy out? Facebook Capital cost saving Lock in?

  8. 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

  9. 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

  10. 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

  11. 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”

  12. 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”

  13. Contractual Matters Security audit Service level agreement Supplier security – will the supplier always be there? Amazon Web Services LLC Termination

  14. Termination and other Practical Issues Data, data and data

  15. 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

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