Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud

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For many companies, the main question about cloud computing is no longer whether to move their data to the “cloud,” but how they can accomplish this transition. Cloud (or Internet-based on-demand) computing involves a shift away from reliance on a company’s own local computing resources, in favor of greater reliance on shared servers and data centers. Well-known examples of cloud computing services include Google Apps, Salesforce.com, and Amazon Web Services. In principle, a company also may maintain its own internal “private cloud” without using a third-party provider. Since many companies choose to use third-party cloud providers, however, this article will focus on that cloud computing model.

Cloud computing offerings range from the provision of IT infrastructure alone (servers, storage, and bandwidth) to the provision of complete software-enabled solutions. Cloud computing can offer significant advantages in cost, efficiency, and accessibility of data. The pooling and harnessing of processing power provides companies with flexible and cost-efficient IT systems. At the same time, however, cloud computing arrangements tend to reduce a company’s direct control over the location, transfer, and handling of its data.

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