As part of our technology and data practice, we provide cloud computing technology services.

Cloud Computing or cloud storage is often referred to as The Cloud. It refers to the technology model for enabling universal network access to a sharable pool of resources. Cloud storage refers to the technology model where digital data is readily accessible through computer services from server storage providers.

Data Security and Data Ownership Concerns in Cloud Computing

The increased popularity of cloud storage combined with smart devices has brought legal and technological issues to the forefront. Among these issues is data security as well as data ownership questions. While many assume that the data they save to the cloud belongs to them, this may not always be true. Depending on the service agreement, the cloud provider may have an ownership interest or license in the hosted data. However, users of cloud computing may care only for the ease it brings to data retrieval. Therefore, questions of security and ownership may take a back seat until an issue arises.

Cloud Computing Agreements

Experts warn that users of the cloud should refrain from making assumptions regarding the ownership or use of the service. For example, businesses using or providing cloud services need legal agreements in place that outline rights of all parties. Cloud agreements should be carefully negotiated and drafted with explicit indications regarding several factors, such as:

  • Data Ownership

  • Licenses Created

  • Security Measures for Privacy

  • Procedures to Prevent Hacking

  • Storage Backup

  • Intellectual Property Issues

  • Third Party Access

  • Liabilities, Warranties and Limitations

  • Indemnification Provisions

Service providers of cloud computing want provisions for legal compliance as well as liability limitations and remedies for user violations. However, cloud users seek provisions addressing privacy protections and data security in the event of server downtime or data breaches.

Our data attorneys provide negotiation and drafting of cloud computing agreements for legal compliance as well as protections to the business.

Proactive Protection in the Cloud Business

We review and analyze business processes and security measures to identify concerns and opportunities for data protection improvement. We also counsel on corporate governance and best practices and help develop a cost effective proactive approach to protection.

Additional Insights Regarding Cloud Computing Technology Law

For more information on cloud computing technology legal issues, see our Legal Insights and Industry Solutions pages.