EU Cloud Computing Consultation - Bird & Bird's response

08 September 2011

Roger Bickerstaff, Dr Fabian Niemann

On 31 August 2011, the EU closed its consultation on Cloud Computing. The Consultation seeks to gain input from users, suppliers and advisors in the world of cloud computing, both large and small across all areas of the regulatory landscape.
Bird & Bird, given its involvement with a number of clients with cloud computing projects, has prepared a response to the consultation.  You can access Bird & Bird's response to the Consultation by following the link below.  Key elements from our response can be outlined as follows:

  • Jurisdiction should be applied in light of the country of origin of the cloud provider, regardless of where the customer’s data is stored;

  • Currently in multi tenancy arrangements, single faults can impact multiple contracts creating a snowball effect of liabilities;

  • Greater harmonisation of procedural obligations and notions introduced under the Personal Data Directive 95/46/EC would be welcome;

  • In order to further facilitate easy movement between suppliers, shared values, or a set of guidance/standards would be useful in determining what format such data will be recoverable; and

  • We suggest 8 areas where the public sector as a cloud user can do to support the emergence of best practices

We have sought to answer those questions that we feel affect our clients directly. Some of them are therefore intentionally left blank as we thought they were not addressed to our panel.  It would be interesting to hear your perspective if you have any comments on our submission. 
Please click here for Bird & Bird's response.

Tessa Finlayson
Gabriel Voisin
Barry I Jennings
Paul McMahon