Data protection authority in Ireland issues cloud computing guidelines
In the rapidly evolving landscape of cloud computing, ensuring data protection and compliance with relevant laws has become a top priority for both businesses and cloud providers. Here's a roundup of the latest developments in this area, focusing on guidance from the Information Commissioner's Office (ICO) and the EU.
The EU Working Party for Cloud Computing has published a comprehensive 27-page guidance document, applicable to the use of cloud computing throughout the European Union. This document aims to provide clear guidelines for companies using cloud services to ensure they remain compliant with data protection laws.
One of the key recommendations is for cloud providers to have good oversight over their subcontractors. This is particularly important in light of the Irish data protection law, which requires cloud providers to have a written contract with any subcontractors.
The EU Commission has classified US companies participating in the EU-US Data Privacy Framework (in force since July 2023) as providing an adequate level of data protection for processing personal data in cloud services. This means they meet suitable protection standards recognised by the EU. An example of such a country is one that has an EU/US Safe Harbour Agreement.
When data is transferred outside Europe, special measures must be taken to ensure it continues to benefit from adequate protection. The use of 'model contracts' can be a useful tool to protect data contractually as it leaves the EU.
The ICO is expected to publish its own guidance on cloud computing in the near future, while the Irish Data Protection Commissioner has already launched guidance for Irish companies on cloud computing. It's worth noting that the Irish Data Protection Commissioner's guidance is specific to Irish companies, although it may provide valuable insights for businesses across the EU.
Companies using cloud services should ensure their providers are compliant with data protection laws, and a data controller needs to be satisfied that security standards of a high level are in place before entrusting personal data to a cloud provider. Preventing unauthorized attacks and offering continued access to data are also crucial aspects of maintaining data security in cloud computing.
Lastly, the EU's guidance document on cloud computing is applicable across the EU, providing a unified approach to data protection in the cloud. This is particularly important in a globalised world where data can be accessed from anywhere, at any time.
Stay tuned for more updates on data protection guidance for cloud computing as they become available.
