CLOUD COMPUTING - LEGAL ISSUES                                           Mihkel Miidla                                    ...
Categories of issues                                       ESTONIA LATVIA LITHUANIA BELARUS                       Data Pri...
Contracts and liability                                        ESTONIA LATVIA LITHUANIA BELARUS                       Sele...
Compliance                                                                   ESTONIA LATVIA LITHUANIA BELARUS             ...
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Tutorial 4 mihkel miidla


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Tutorial 4 mihkel miidla

  1. 1. CLOUD COMPUTING - LEGAL ISSUES Mihkel Miidla 27 September 2011 ICEGOV2011, Tallinn, Estonia Who we are? ESTONIA LATVIA LITHUANIA BELARUS Leading regional business law firm with fully integrated offices in Tallinn Estonia, Latvia, Lithuania and Belarus ESTONIA Established in 1995, today SORAINEN Riga numbers more than 120 lawyers and LATVIA tax advisers Vilnius First law firm in the Baltic States and LITHUANIA Belarus where a quality management Minsk system has been implemented under BELARUS ISO 9001 standards Serviced more than 7,500 local and international corporate clients and advised on close to 35,000 transactions 1
  2. 2. Categories of issues ESTONIA LATVIA LITHUANIA BELARUS Data Privacy and Security Contracts and Liability Compliance Data Privacy and Security ESTONIA LATVIA LITHUANIA BELARUS Data location and ownership – Practical issues: (i) In which country is the data stored? (ii) Who may have access? (iii) Jurisdiction and national security interests. Cross-border data transfers of personal data – Requirements of the national Personal Data Protection Act; – In the EU national data protection laws are based on Directive 95/46/EC; – Different implementation in each Member State; – Transfer of personal data generally allowed within the EU/EEA and to countries with adequate levels of personal data protection. US ‘Safe Harbour’ program; – The data controller must ensure that appropriate technological, organisational and physical measures are taken to protect the personal data. 4 2
  3. 3. Contracts and liability ESTONIA LATVIA LITHUANIA BELARUS Selection of typical risks and issues that need to be addressed already in the service contract: – Data backups and restoring; – Disaster recovery; – Service levels (e.g. availability, performance, etc); – Compliance with security requirements and standards; – Security breach handling; – Data handling upon bankruptcy; – Audit rights; – Interoperability issues; – Exit strategy (and avoidance of lock-in). 5 Contracts and liability II ESTONIA LATVIA LITHUANIA BELARUS Liability – Limitations on the liability of the service provider; – Liability of the client. Who is the actual service provider? – Determine the rights and obligations of each party – Is there a direct contractual relationship with the cloud provider? Enforceability of civil contracts – Governing law – Jurisdiction – Enforceability of foreign court decisions and arbitral awards 6 3
  4. 4. Compliance ESTONIA LATVIA LITHUANIA BELARUS National rules for archiving / public records; Interoperability with other eGovernement services and other national requirements imposed on eGovernment services; Access to public information (freedom of information); Liability as a data controller of personal data; Public procurement requirements – The tender documents must be well prepared; – Distortion of competition must be avoided. 7 Contacts ESTONIA LATVIA LITHUANIA BELARUS Thank You! Mihkel Miidla Associate phone +372 6 400 959 mobile +372 56 622 985 Estonia Latvia Lithuania Belarus Pärnu mnt 15 Kr. Valdemāra iela 21 Jogailos 4 ul Nemiga 40 10141 Tallinn LV-1010 Riga LT-01116 Vilnius 220004 Minsk phone +372 6 400 900 phone +371 67 365 000 phone +370 52 685 040 phone +375 17 306 2102 fax +372 6 400 901 fax +371 67 365 001 fax +370 52 685 041 fax +375 17 306 2079 4