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In Cloud Computing

Saudi Arabia revises cloud computing regulatory framework

by 3 Mins Read

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…

In Communications & Mobility

Looking Ahead: Assessing the TMT Sector in 2019

by 2 Mins Read

What does 2019 hold for businesses in the Technology, Media and Telecommunications sector and what legal and regulatory trends should be on their radar? A complex question in a world in which the boundaries between areas are blurring to an extent that car manufacturers are becoming tech companies, traditional content producers are launching their own direct-to-consumer streaming services, and telecommunications providers are moving into adjacent industries to make up for declines in traditional revenues. Everywhere,…

In Data Privacy

New Cyber Security obligations on Financial Institutions proposed by Bank Negara Malaysia

by 3 Mins Read

Given the increasing reliance of Financial Institutions (FIs) on technology and online systems and the increasing threat of cyber attacks, it is timely that the Bank Negara Malaysia (BNM) issued, on 4 September 2018, a set of minimum standards on technology risk and cybersecurity management by FIs in Malaysia – the Risk Management in Technology policy document (RMiT). The RMiT has been issued as an exposure draft which it is intended will come into force on…

In Cloud Computing

Responding to Stored Communications Act Demands Under the CLOUD Act

by 4 Mins Read

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…

In Cloud Computing

OCR Issues Guidance on Cloud Computing and the FTC Act

by 4 Mins Read

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…

In Cloud Computing

Results of 2016 Cloud Survey

by 3 Mins Read

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…

In Cloud Computing

Myth 11: Customer needs to have the Right to Access the Provider’s Data Centers and Systems for Audit Purposes

by 1 Min Read

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…

In Cloud Computing

Myth 9: Cloud Service Providers Cannot Cede Control to their Customers

by 4 Mins Read

Fact is that many organizations find it difficult to stay in control over modern IT systems, whether they hire service providers to provide IT infrastructure or whether they host, operate and maintain systems themselves. Even with respect to self-operated systems, most companies usually have to work with support service providers who have to be granted access to the systems and data to analyze performance problems, troubleshoot errors and provide support and maintenance. Most companies find…

In Cloud Computing

U.S. Commerce Department Publishes New Export Rules that impact Cloud Computing

by 3 Mins Read

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…

In Cloud Computing

Baker & McKenzie Launches 2016 Cloud Computing Survey

by 2 Mins Read

We are delighted to announce the launch of our 2016 Cloud Computing Survey, which is now open for participation. Please click here to participate in the survey.What is the survey about?Our goal is to generate and share with our audience useful, real-world insights into the world of cloud computing. The survey questions focus on concerns about using cloud computing solutions, reasons for switching to cloud computing solutions, cloud contract terms and negotiations as well as…

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