Bernice Karn Cloud Computing: The Wave of the Future June 9, 2010
What is Cloud Computing? National Institute of Standards & Technology Definition*: 5 characteristics 3 service models 4 deployment models * v15, October 7, 2009 (Peter Mell and Tim Grance) Available at: http://csrc.nist.gov/groups/sns/cloudcomputing/cloud-def-v15.doc
What is Cloud Computing? NIST - 5 Characteristics On demand self service Broad network access Resource pooling Rapid elasticity Measured service
What is Cloud Computing? NIST - 3 Service Models Cloud software as a service ( SaaS ) Cloud platform as a service ( PaaS ) Cloud infrastructure as a service ( IaaS )
What is Cloud Computing? NIST - 4 Deployment Models Private cloud Community cloud Public cloud Hybrid cloud
What is Cloud Computing? Source: Gartner (August 2009)
Notable Quotes The interesting thing about Cloud Computing is that we ve redefined Cloud Computing to include everything that we already do I don t understand what we would do differently in the light of Cloud Computing other than change the wording of some of our ads. Larry Ellison, Wall Street Journal, September 26, 2008
Notable Quotes It s stupidity. It s worse than stupidity: it s a marketing hype campaign. Somebody is saying this is inevitable and whenever you hear somebody saying that, it s very likely to be a set of businesses campaigning to make it true. Richard Stallman, The Guardian, September 29, 2008
Legal Laundry List Service Issues Scope of use Services provided Service level commitments Business continuity/disaster recovery Data Protection Issues Confidentiality Privacy Security measures Audit rights
Legal Laundry List Continued Contract Management Issues Governance Change management Amendment of terms Dispute resolution Financial Issues Fees Terms of payment Taxes
Legal Laundry List Continued Duration of Contract Issues Term Renewal rights Termination rights Insolvency Problems Transitional issues Devolution of Contract Assignment, change in control, subcontracting
Legal Laundry List Continued Risk Management Representations and warranties Limitations of liability and exclusions Indemnifications
Legal Laundry List Continued Today s Discussion: Privacy and Data Protection Insolvency and Transition Issues Scope of Use Service Level Issues Risk Management Representations/warranties Limitations of liability Indemnities
Privacy and Data Protection Canada Personal Information Protection and Electronic Documents Act General obligation Outsourcing Transfer outside of Canada Proposed amendments breach notification
Privacy and Data Protection Continued EU Directive 95/46/EC Data protection principle - protection of fundamental right to privacy of individuals and their right to privacy of processing of personal data Onward transfers regulated Methods of compliance
EU Data Transfers Data Export Type? Transfer Transit OK Where? Non-Approved Country USA Approved Country OK Safe Harbor? NO YES OK Do any exceptions apply? NO Establish presumption of adequacy? NO YES YES OK OK A problem
Privacy and Data Protection Continued US Gramm-Leach-Bliley Act Health Insurance Portability and Accountability Act May 2010 New bill introduced in Congress by Reps. Boucher and Stearns State laws
Insolvency and Transition Issues Insolvency Loss of control Asset of business? Mitigation strategies Transition Data transfer Compatibility Transition services Training
Scope of Use Provider s licensed rights Geographic restrictions Copying
Service Level Issues Integrity, confidentiality and availability Latency Innovation Support and maintenance Service level credits
Risks Varies by application One extreme as is Other extreme extensive customer protection
Risk Management Representations and warranties Purpose Indemnification Why have it? Typical indemnities Limitation of liability clause Direct and indirect damages Exclusions
Conclusion/Recommendations Cloud computing trades savings and performance for acceptance of risk Ensure that the form of contract is appropriate to the risk assumed
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