Cross-border flow of personal data in the Cloud: A European Perspective

Abstract

Abstract

We are witnessing a seismic information technology growth continuing to create novel business models and business opportunities. One such enticing technology area is cloud computing. Businesses and professionals looking for better efficiency and minimal cost are paid-off with the advent of the cloud. It has done so by setting free the resources previously capped in ‘keeping the lights on’ for some innovation and research and reducing the cost of procuring IT infrastructure. The Internet, at same time in point, has enormously facilitated the flow of information across jurisdictions in unprecedented scale and speed than before. Despite this, the law couldn’t keep in pace with the technological growth. The use of cloud service requires the relocation of data in to servers of the cloud provider. With the surge for such activity emerges significant uncertainties interalia, on the legal bases to subscribe to cloud services, when adherence to cross-border data regulation is needed, issue of applicable law and jurisdiction and importantly security breaches as a result of access by third parties after the data have been placed in to the providers’ server. It is within the thrust of this thesis to characterize these concerns.