The Cloud Implies Many Applicable Laws
As noted in Part 1 of this article, Cloud-based IT services have no true jurisdictional neutrality. Potentially applicable laws will include those from any jurisdiction in which data are stored or accessible from, in which a person whose information has been collected resides, or in which a party contracting for or providing services is located. Conflicts in applicable laws are possible. Any party contemplating a Cloud service should, at a minimum, ask the following questions:
- Where are the data transferred stored, and whom are they accessible to?
- Is there a robust set of laws that protects the privacy of personal information in each of those jurisdictions?
- How do these laws differ from the local law that the organization is subject to? Are these differences material?
- By transferring data to these jurisdictions, is there a risk that the organization will be in breach of its privacy obligations under local law?
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Reproduced with permission of the publisher of Internet and E-Commerce Law in Canada, vol. 13, no. 10, February 2013.
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