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Data Protection and the Cloud: Are the risks too great? by Paul Ticher

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CHAPTER 7: OTHER LEGAL AND TECHNICAL IMPLICATIONS FOR CLOUD CONTRACTS

The requirements for a contract between a Data Controller and a Data Processor have been discussed on page 23, while the contractual implications when cloud processors are based outside the EEA are discussed on page 52 onwards.

This chapter looks briefly at other legal and technical issues with data protection implications.

A major consideration is the requirement in the seventh data protection principle to take appropriate steps against accidental loss or damage to data, and the wider question of the data being available when required. Problems could arise from:

  • Loss of service –
    • at the provider’s end, if their system goes down.
    • at the customer’s end, if the Internet connection ...

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