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Data Protection in The Cloud

There is no doubt that the Cloud has significantly changed the way that businesses operate in 2015. Many companies across various business sectors use Cloud services, given its advantages eg easy accessibility, enhanced storage space, data back-up and costs reduction.

The European Commission – based on the European Commission Cloud Computing Strategy – is actively promoting the adoption of Cloud computing across all economic sectors in order to boost productivity. This strategy predicts to deliver a net gain of 2.5 million new European jobs and a €160 billion per annum boost to the European Union GDP (around 1%), by 2020. This strategic focus is to speed up and increase the use of Cloud computing across all economic sectors. 

However, as more data is transferred to Cloud and more business is conducted on-line, data protection has become a key issue - stemming from risks of data leakage and cyber threats. If data is stored virtually, there will always be a risk of data intrusion and data fraud.

As the development of technology is fast moving and difficult to predict, the law is not always able to keep pace with the rapidly evolving technologies that affect our lives on a daily basis.  But recent IT developments, when data is gathered illegally by private companies on their own servers and then administered, shared and also traded, has forced lawmakers to respond. Digital law and data protection issues are now considered as crucial areas of modern law.

The famous case of Google vs. Spain about the “right to be forgotten“ is deemed one of the breakthroughs that sparked intense legal discussion about deletion of personal data from internet companies. A decision of the European Court of Justice in 2014 confirmed that an individual has control over their personal data; protection of such data and the right to request internet companies to delete it.

In order to protect your company’s data, access and liability for data loss or leakage, your company should have a contract containing, at least, standard contractual clauses governing data protection and the responsibility of the Cloud provider for data loss or misuse. Likewise, an individual sending their data into a digital environment, should always pay attention to where their data is being transferred and most of all, whether they have given consent to the processing of such data.

Each LAWorld member firm is ready to advise and support you, using the expertise of its international colleagues, in cross border transactions and resultant data transfer.  In LAWorld, we recognize the advantages of Cloud solutions that enhance our clients’ businesses.  We believe that through understanding our clients’ needs, we can share legal practices and experience in various legal environments in order to support your business.  For more information and assistance on this subject, please email directly to Lucia Chal´ová, Malata, Pružinský, Hegedüš & Partners, Bratislava

chalova@mph-advocates.com 

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