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In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Adam Aft and Peter George, two partners in Baker McKenzie’s Chicago office. Together they will discuss the 2019 Cloud and Data Survey. Tune in to learn: Key trends identified through the surveyTips and strategies for managing multiple provider cloud implementationsBest practices for navigating data residency requirements https://open.spotify.com/episode/3yTXAmfHkVQp0Ju2ARTEP2

The Communications and Information Technology Commission (the CITC) which regulates the information communications and technology sector in the Kingdom of Saudi Arabia (the Kingdom) has issued a revised version of its regulatory framework for cloud services (the Framework), which simultaneously reduces the compliance burden on cloud service providers (CSPs) and enhances the statutory protection afforded to them. The revised Framework boosts the Kingdom’s commitment to creating an environment conducive to digital innovation and to attract…

On June 5, 2018, the Government of Canada announced via news release the launch of a review of Canada’s Telecommunications Act, Broadcasting Act and Radiocommunication Act, to modernize Canada’s communication legislative framework. The review will be carried out by a panel of seven members from law, business and academics, and will conclude with the publishing of a final report by January 31, 2020. The scope and objectives of the review are set out in Terms…

In the global digital economy, companies increasingly face conflicts between legal demands to produce data and local laws that restrict production of data. Congress recently enacted the CLOUD Act to address these conflicts in the context of the Stored Communications Act, 18 U.S.C. §§ 2701-2712 (“SCA”). Under the SCA, companies have struggled with how to respond to United States Government (“USG”) demands for data held in foreign jurisdictions where such disclosure may violate local laws…

We are delighted to launch the results of our 2017 survey and provide our readers with a free copy. Simply click to download here.The results provide our updated cloud data, both identifying continuing trends and benchmarking contractual terms and conditions. This data is a valuable reference for providers and customers navigating the increasingly complex cloud marketplace. We also have very exciting new data on digital disruptions and transformations that are having enterprise-wide impacts on our…

On January 17, 2017, the Canadian Radio-television and Telecommunications Commission (the “Commission”) published Telecom Regulatory Policy CRTC 2017-11 (Application of regulatory obligations directly to non-carriers offering and providing telecommunications services) (“Policy 2017-11”).Under Policy 2017-11, the Commission directed resellers (also known as non-carriers), as a condition of offering and providing any telecommunications services in Canada, to abide by all applicable existing consumer safeguard obligations set out in Policy 2017-11, including the obligation to register with the…

In October 2016, federal authorities released two important guidance materials for businesses handling health information to consider. The Department of Health and Human Services, Office for Civil Rights (“OCR”) released guidance on (1) the application of HIPAA to cloud computing, and (2) the importance of the Federal Trade Commission Act (“FTC Act”) in the context of sharing protected health information (“PHI”). These materials are important because OCR is responsible for enforcing the Health Insurance Portability…

For the third year running we have undertaken our Cloud Survey, in which we reach out to individuals within our firm clients and partner organisations in the cloud services space. We use the survey to uncover trends in this important marketplace, and to understand buyers’ and providers’ key objectives, hesitations and criteria for procurement and contracting. While this year a greater majority (66%) of survey respondents were in a legal role, procurement, marketing, IT, InfoSec and…

Fact is that customers have a legitimate need to reserve a right to audit the cloud service provider’s compliance measures. But, it is also a fact that the service provider may not let customers into its data centers or systems because that would impair the security of other customers’ data. Also, individual audits would be unnecessarily disruptive and costly. As a compromise, cloud service providers can arrange for routine, comprehensive audits of their systems by…

Fact is that service providers may not always be able to limit their liability vis-à-vis the data subjects in scenarios where they contract with corporate customers and not the data subjects themselves. If hackers gain unlawful access to information residing in a hosted database, the service provider may be liable directly vis-à-vis the data subjects under negligence theories (if and to the extent economic harm resulting from data access is covered by tort liability under…