Tag Archives: Cloud Computing

UK ICO Publishes Cloud Computing Guidance

Posted on September 27, 2012 by Hunton & Williams LLP

On September 27, 2012, the UK Information Commissioner’s Office (“ICO”) published guidance on complying with the requirements of the UK Data Protection Act 1998 (“DPA”) in the context of cloud computing services (the “Guidance”). In its Guidance, the ICO reminds data controllers that transferring personal data to the cloud does not absolve them of their compliance obligations under the DPA.

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Tags: Christopher Graham, Cloud Computing, Data Controller, Data Processor, Data Protection Act, European Union, Information Commissioners Office, International, Online Privacy, Service Provider, United Kingdom

European Commission Issues New Cloud Computing Strategy

Posted on September 27, 2012 by Hunton & Williams LLP

On September 27, 2012, the European Commission presented its new strategy on cloud computing, entitled “Unleashing the Potential of Cloud Computing in Europe.” The Commission’s strategy is outlined on a new webpage that includes a communication document and a more detailed staff working paper.

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Tags: Article 29 Working Party, Binding Corporate Rules, Cloud Computing, Cybersecurity, Data Transfer, European Commission, European Union, International, Service Provider

Webcast on Data Privacy in the Global Era

Posted on August 20, 2012 by Hunton & Williams LLP

On July 24, 2012, Lisa J. Sotto, partner and head of the Global Privacy and Data Security Practice at Hunton & Williams LLP, gave a presentation on “Data Privacy in the Global Era” to the Western Independent Bankers Service Corporation. Sotto discussed U.S., EU and other international privacy laws, with a focus on two specific areas of interest, cloud computing and vendor management. Listen to the webcast now.

Tags: Cloud Computing, Enforcement, European Union, International, Lisa Sotto, Multimedia Resources

FFIEC Issues Statement on Cloud Computing

Posted on July 30, 2012 by Hunton & Williams LLP

On July 10, 2012, the Federal Financial Institutions Examination Council (“FFIEC”) released a statement on outsourced cloud computing activities. The statement, which was prepared by the FFIEC Information Technology Subcommittee, discusses key risk considerations associated with using third-party vendors to implement cloud computing solutions, and identifies applicable risk mitigation considerations contained in the various booklets that comprise the FFIEC IT Examination Handbook. The statement indicates that the FFIEC agencies “consider cloud computing to be another form of outsourcing with the same basic risk characteristics and risk management requirements as traditional forms of outsourcing.” The paper focuses on addressing key risks of outsourced cloud computing identified in existing guidance. Key points include the following: Continue reading…

Tags: Cloud Computing, Financial Privacy, Information Security, Outsourcing, Security Breach

Article 29 Working Party Adopts Opinion on Cloud Computing

Posted on July 4, 2012 by Hunton & Williams LLP

On July 1, 2012, the Article 29 Working Party (the “Working Party”) adopted WP196 (the “Opinion”) setting out an analysis of the legal framework associated with cloud computing, as well as recommendations directed at both data controllers and data processors in the European Economic Area (the “EEA”). The Opinion identifies two data protection risks associated with the deployment of cloud computing services, namely: (1) lack of control over the data and (2) lack of information on data processing. Cloud computing and the range and geographical dispersion of the various parties involved also have raised significant uncertainty in terms of applicable law, which the Working Party previously analyzed in its Opinion 8/2010. Below is an overview of the different topics covered in the Opinion issued on July 1.

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Tags: Accountability, Adequacy, Article 29 Working Party, Cloud Computing, Data Controller, Data Processor, Data Transfer, EU Data Protection Directive, EU Member States, European Commission, European Union, Information Security, International, Safe Harbor

International DPA Working Group Publishes Working Paper on Privacy Issues in Cloud Computing

Posted on May 7, 2012 by Hunton & Williams LLP

Following a meeting in Sopot, Poland, on April 24, 2012, the International Working Group on Data Protection in Telecommunications (the “Working Group”), led by the Berlin Commissioner for Data Protection and Freedom of Information, issued a Working Paper that focuses on privacy and data protection issues related to the use of cloud computing in the international context. The Working Paper aims to reduce uncertainty regarding the definition of cloud computing and how the technology intersects with privacy, data protection and other legal issues.

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Tags: Accountability, Cloud Computing, Data Controller, European Union, Germany, Information Security, International, Security Breach

Centre Submits Comments to Singapore Data Protection Consultation

Posted on May 1, 2012 by Hunton & Williams LLP

On April 27, 2012, the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) submitted comments to the latest Singapore consultation on proposed personal data protection legislation, the Personal Data Protection Act 2012. The consultation is being conducted by the Ministry of Information, Communications and the Arts and expired on April 30, 2012.

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Tags: Centre for Information Policy Leadership, Cloud Computing, Data Controller, Data Processor, International, Legislation, Marty Abrams, Singapore

French Data Protection Authority Unveils Its Agenda for 2012

Posted on April 25, 2012 by Hunton & Williams LLP

On April 19, 2012, the French Data Protection Authority (the “CNIL”) issued a press release detailing its enforcement agenda for 2012. In a report adopted March 29, 2012, the CNIL announced that it will conduct 450 on-site inspections this year, with particular focus on the specific themes described below. The CNIL also indicated that it will continue the work started in 2011 with at least 150 additional inspections related to video surveillance, especially with respect to surveillance in locations that are frequented by large numbers of individuals.

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Tags: Cloud Computing, CNIL, Data Controller, Data Protection Authority, Enforcement, EU Member States, European Union, France, Health Privacy, International, Security Breach, Video Surveillance

German Insurance Industry to Establish “Trusted German Insurance Cloud”

Posted on April 13, 2012 by Hunton & Williams LLP

On March 8, 2012, during the CeBIT international IT trade show, the German Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik or “BSI”) accepted the German Insurance Association’s application for certification of the “Trusted German Insurance Cloud,” a project that aims to establish a secure IT platform for the German insurance industry.  The parties previously had agreed to work together to develop practical requirements for a secure cloud solution, and to implement appropriate security measures in the “Trusted German Insurance Cloud.” In accordance with the BSI’s baseline security parameters, the practical requirements for the cloud are meant to contemplate the ISO 27001 standard as well as appropriate IT security criteria issued by data protection authorities. The implementation of the cloud security requirements will be finalized pursuant to the BSI’s certification process.

As was the case when it drafted the position paper “Information Security Issues for Cloud Computing,” the BSI has stated that its goal is to work in cooperation with the private sector to develop practical guidelines and recommendations for IT security. The BSI likely will be looking to extend this approach to other industries and sectors by developing a generally applicable certification procedure for cloud services.

Tags: Cloud Computing, European Union, Germany, Information Security, International

CBI for the Cloud

Posted on March 7, 2012 by Hunton & Williams LLP

A growing number of companies are implementing cloud computing solutions to lower IT costs and increase efficiency. Although cloud technology offers an array of advantages, organizations that rely on the cloud must compensate for the corresponding increase in risk associated with outsourcing business operations to a third party. A recent article  authored by Hunton & Williams Insurance Litigation & Counseling partner Lon Berk discusses the ways in which business interruptions caused by cloud service provider failures may be covered by contingent business interruption insurance, or CBI.

Read CBI for the Cloud.

Tags: American Bar Association, Cloud Computing, Information Security, Lon Berk, Online Privacy