5 - Data Privacy and Data Protection Issues in Cloud Computing

Summary

This chapter evaluates the key data protection requirements and compliance obligations that governments must account for when entering into contracts with cloud service providers. The chapter concentrates on data protection issues that pose particular barriers for governments attempting to adopt cloud-computing services.

The chapter focuses primarily on understanding how the General Data Protection Regulation (GDPR) impacts the use of cloud computing. This requires an analysis of applicability and jurisdiction, applications of principles, understanding roles and responsibilities under the law, contractual obligations on sub-processors, liability for compliance, and limits on data transfers among others. The chapter also provides an overview of US data privacy law.

The chapter further evaluates recent case law and guidance from the European Data Protection Board (EDPB) and national data protection authorities to draw conclusions regarding GDPR cloud compliance obligations. Specifically, the chapter focuses on challenges and limits to cross-border transfers of data following the CJEU decision in the “Schrems II” case.