Is The Rate of Change in Technology Initiating Legal Concerns?

Share with your networks:
p r e f e r r e d - v e n d o r
c o n f e r e n c e   p r o m o
What Is MyLibrary?

With the rate of change in technology happening as quickly as it is today, legal concerns are building up everywhere.

Both cannot keep pace with how fast things are suddenly happening.

And given Moore’s Law, this pace is not about to slow down either — which also means there are going to be some headaches as well as opportunities in dealing with the legal circles…

Identify the Constants

No matter how fast anything changes there are some constants that must be taken into account.

As cloud computing gets its name from the fact that everything you do seems to be available anywhere, then where is your data really located?

How is it being stored?

Who is responsible for its security?

Laws are usually based upon entities and/or sovereignties and it creates boundaries in which the protection of the law is supposed to be applied.

Given the nature of cloud computing then, a key question about cloud computing remains unresolved in the law books as well the courts.

Questions as to which law applies to your organization’s data in the cloud are basically simple:

The law as applied to where you are located?

The law as applied to where your data is located? Or

The law where the data subject is located?

The answers, however, are not simple.

Especially if you have cloud services in other countries, international consensus on this issue has not yet been tested.

Verify Affects of Geographic Region

As most contracts provide which laws under which any disputes could be resolved, and the location of the court where such disputes could be heard, it’s essential for a cloud-computing contract to identify the geographic region within which the data centers hosting your data, and potentially the headquarters of the cloud provider, may be located, and to address the cloud provider’s obligations to keep your data in those regions.

Otherwise, the overlaps and potential conflicts between the possible governing laws could make legal and data access compliance impossible.

Controlling 3rd Party Access to Your Data?

As risk management focuses on retaining some measure of control, your contract with the cloud provider should require the cloud provider to notify you regarding its receipt of any 3rd party request to access your data.

Be sure to specify the time frame within which such notice should be provided.

a d v e r t i s e m e n t s

This Week's Featured Free Offer

The Essential HR Handbook

The Essential HR Handbook The Essential HR Handbook is a quick-reference guide that sheds light on the issues that keep managers up at night

This book is filled with information, tools, tips, checklists, and road maps to guide managers and HR professionals through the maze of people and legal issues, from recruiting and retaining the best employees to terminating poor performers.

With this book, you’ll learn how to effectively and efficiently:

  • Individually manage each employee, starting on his or her first day
  • Manage a multi-generational workforce
  • Appraise job performance
  • Coach and counsel
  • Provide equitable pay, benefits, and total rewards strategies
  • Identify legal pitfalls and stay out of court

The Essential HR Handbook is the one HR guide every manager needs on his or her desk!

Offered Free by: Career Press

More Free Offers to Consider:

Recommended by Recommended by NetLine

Click Here to View More In Our Resource Library

a d v e r t i s e m e n t

And make it paramount that in ALL cases notice should be given ahead of granting access to any of your organization’s data.

Also, make your cloud provider to make an obligation to limit the disclosure of your data to the extent legally possible, and to cooperate with your efforts to appropriately manage the release of any data.

The Last Word

Most of this can be performed proactively by a due diligence investigations of the cloud provider’s standard practices and procedures.

These will reveal that it has a policy in place that meets your data access requirements, and you should codify this in the contract, and include a copy of that policy as an attachment.

Credit is due to Thomas Trappler for sharing much of this information. Thomas is the director of software licensing at the University of California, Los Angeles, and a nationally recognized expert, consultant and published author in cloud computing risk mitigation via contract negotiation and vendor. He offers several guides to cloud computing contracts.

Discover More About Our Project Insights Series

Open to Discover More!

More Content In This Series…

Our Social Media Presence

Where to Follow Us

socmedicons   Follow Us!

Twitter
LinkedIn
Minds
Open Group | Free Minds membership required
Google +
paper.li

What Is MyLibrary?
a d v e r t i s e m e n t s

April2516-25off-sitewide728X90

Microsoft

Whether PC or Mobile, you need to protect your data and your machine...
a d v e r t i s e m e n t s
The following two tabs change content below.
blank

Garrett O'Brien

CEO, Chairman, Publisher, Editor at The HRIS World Research Group

Garrett is the publisher, editor, writer forThe HRIS World Research Group, which includes The HRIS World, The HRIS World Research, The HRIS World Jobs, The HRIS World News, and The HRIS World Videos

With more than 20 years in roles as a client executive sponsor (#thwCES), project manager as well as functional / technical lead, Garrett is sought for his expertise for project insights, thought leadership, and team management globally.

He has been involved in large-scale and complex implementations since 1991 and has recently moved his operations to be with his wife in Brazil.

Garrett has had the pleasure of working with some of the greatest talents in the industry, and constantly shares his experiences and knowledge through content and webinars.

He maintains his fluency in Portuguese, German, French, and English with his various endeavors and contacts..

When not working, you will have to be adventurous to stay up with him as Garrett loves motorcycling, gunnery, boating, sailing, flying, and sports fishing -- and accompanying his wife on her various likes

About The HRIS World Research Group

The HRIS World blog, which is read by more than 50,000 from more than 160 countries monthly, manages to have more than 550,000 pages viewed monthly. 40%+ of the audience are decision-makers in their organization (and about half of that being C-levels!).

As CEO for CGServices USA Inc, he focuses on multi-provider, multi-line implementations consultation for HRIS systems

Council and Education Member of Gerson Lehrman Group Council, helping institutions of the world leaders meet, engage and manage experts across a wide range of sectors and disciplines.

Your Invite to Contribute to The HRIS World blog

If you'd like to provide a post, a series of posts, or even be a regular contributor to any of The HRIS World blogs, click the blue contact us button on the bottom right of your screen to send us a message or reach us through our social media for details...

You can always contact Garrett via email, social media, or by leaving a comment below...

Share with your networks:
Posted in Cloud computing, The HRIS World Content Series™, The HRIS World Project Insights Series™ and tagged , , , , , , .

Comments & Recommended Content via Disqus