Guest Column | December 5, 2014

5 Warnings About Jurisdiction And Cloud Storage

By Stanley Louissaint, President, Fluid Designs Inc., ASCII member since 2014

Louissant

Technology and law are two things that can never seem to get on the same page. Technology moves at such a rapid pace that the law can never seem to catch up. Now, mix in the advent of cloud storage and the complexities begin to mount. Cloud storage has spurned a global phenomenon where your clients data can be housed anywhere in the world. Without even knowing it, your clients data stored in the cloud can be subject to local, national and even international laws.

Having a number of law firms as clients I have been privy to some pertinent information regarding cloud and jurisdiction. There are ways to tip the legal scale to your benefit, but as with anything it starts with asking the right questions from your cloud service provider. If you never ask, you will never know. 

Finding out the answers to the following questions will give you a clear view on your cloud provider and how jurisdiction may affect your clients:

  1. What is the content of the cloud data?  Depending on the nature of the data that you are storing, there could be a legal obligation that takes precedence and immediately forces your cloud data to be part of your local jurisdiction. Two industries where this applies are healthcare and finance. These industries are heavily regulated and it is your job to make sure that the cloud provider that you use can comply with the regulations in place.

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