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Michael Mensik

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On 3 June 2016, the US Commerce Department’s Bureau of Industry and Security (“BIS”) published a Final Rule (the “Final Rule”) affecting the application of the Export Administration Regulation (“EAR”) to certain uses of cloud computing for the storage of controlled technology and software. Specifically, the Final Rule carves out of the EAR licensing requirement cross-border transfers of encrypted technical data. This rule goes into effect on 1 September 2016.By way of background, BIS has…

Part of the b:INFORM 2015/2016 Cloud Survey Trend Series1. Importance of SecurityConsistent with last year, our survey identified security and privacy at the forefront of buyers’ and providers’ minds in relation to cloud services. Security (88%) and Privacy (73.3%) topped the list of buyers’ primary hesitations in deciding whether to buy cloud services. More than a majority of buyers were also concerned with control and regulatory compliance as well. The importance of security was…

“Security and privacy are among the most heavily negotiated terms in cloud contracts and it’s disagreements over the arrangements for these safeguards which are most frequently cited as the reason for negotiations not reaching a satisfactory conclusion.” – Michael Mensik Security and privacy are among the primary concerns of buyers and suppliers of cloud services according to nine out of ten companies, surveyed from 279 global business insiders. This is one of the many findings…