Crossfire

Matheson’s technology and IP law blog

Clearing the fog for SMEs?: The European Commission announces expert group to draw up model “cloud” contract terms for small businesses

November, 2013

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Many SMEs in the EU have shown reluctance to sign up to cloud services, despite their economic benefits, because of the confusion they face over the nature of cloud service contracts and in particular security and data protection concerns. On 28 October 2013, the European Commission took a potential positive first step in clearing up such confusion by setting up an expert group to identify best practice for addressing these concerns. The expert group aims to produce model “cloud” clauses… Read more…

Opportunity knocks? Switzerland pitches “Swiss Cloud” in wake of spying scandal

November, 2013

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Swisscom, the majority Swiss government-owned telecommunications company, has announced that it plans to offer a “Swiss Cloud” to companies who want to store their data securely and privately. The company claims that the cloud would offer a higher level of security against the spying activities of national authorities than anywhere else in the world. The increased security is largely a result of strict Swiss data protection laws (which were largely inspired by EU data protection laws) and the storage of… Read more…

The problem of the anti-NSA clause in the EU Data Protection Regulation

November, 2013

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In our previous post where we outlined the progress of the draft EU Data Protection Regulation, we noted that the current draft includes a clause to the effect that transfers to authorities outside the EU will not be permitted except on the basis of EU Law, and that data subjects have a right to know when their data has been revealed. This clause was included in the initial draft of the regulation in January 2012, removed following lobbying in particular… Read more…

Disagreements surface over timing of EU Data Protection Regulation

November, 2013

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With the passing of the draft EU Data Protection Regulation (the “Draft”) by the LIBE committee of the EU Parliament on 21 October, the negotiations between EU member states have begun in earnest. The Draft includes a number of controversial changes to the EU data protection framework, including suggestions problematic for the US. Before negotiations over the substantive content even began, the Draft has run into its first roadblock: a disagreement over timing. Initially, when the Draft was approved, there… Read more…