Alessandro Mantelero, ‘Cloud computing, trans-border data flows and the European Directive 95/46/EC: applicable law and task distribution’, European Journal for Law and Technology, Vol. 3, No. 2, 2012

The paper deals with “the fundamental issues concerning trans-border data flows and their consequences on applicable law.” It “consider[s] three different cases decided by the Italian data protection authority (Garante per la protezione dei dati personali).” The three decisions are the following: decision issued by the Italian DPA on 24 May 2006, doc. web n. 1299063 (see also: January 18 2006, […]

New York State Bar Opinion 940

Committee on Professional Ethics – Opinion 940 Topic: Use of off-site backup tapes to store a client’s confidential information; retention of files in original paper form Digest of the Committee: “Lawyer may store confidential information on off-site backup tapes if lawyer takes reasonable care to ensure adequacy of systems to protect confidentiality.  When records must […]

CCBE Guidelines On The Use Of Cloud Computing Services By Lawyers

Scope of the Guidelines: “This paper is intended to create more awareness about the various risks associated with cloud computing. As such, the guidelines in Part II of this paper are addressed to the CCBE’s member bars and law societies drawing attention to the issues which are likely to be faced by individual lawyers in making informed decisions […]

Nicole Black, Will Encrypted Communications Using Cloud Computing Platforms Soon be Commonplace for Lawyers?, mycase.com

From the Article: “Accordingly, because email is outmoded, inherently unsecure, and there are now more secure forms of electronic communication available, I predict that within two years or so, lawyers in most jurisdictions will choose to, or be required to, communicate and collaborate with clients using encrypted communications. And, the platform of choice will be encrypted […]

Article 29 Data Protection Working Party, Opinion 05/2012 On Cloud Computing, 01037/12/EN, WP 196

“In this Opinion the Article 29 Working Party analyses all relevant issues for cloud computing service providers operating in the European Economic Area (EEA) and their clients specifying all applicable principles from the EU Data Protection Directive (95/46/EC) and the e-privacy Directive 2002/58/EC (as revised by 2009/136/EC) where relevant. … [T]his Opinion outlines how the […]

Office of the Privacy Commissioner of Canada, Cloud Computing for Small and Medium-sized Enterprises: Privacy

On June 14, 2012 the OPC, the Office of the Information and Privacy Commissioner of Alberta and the Office of the Information & Privacy Commissioner for British Columbia issued a joint Guidance Document called “Cloud Computing for Small and Medium-sized Enterprises: Privacy  Responsibilities and Considerations”. The focus of the OPC Guidance Document was to remind […]

Massachusetts Bar Association Opinion 12-03

Massachusetts Bar Association Ethics Opinion 12-03 [Approved by the Massachusetts Bar Association’s House of Delegates on May 17, 2012] Topics: Cloud Computing; Google docs Summary of the opinion: “A lawyer generally may store and synchronize electronic work files containing confidential client information across different platforms and devices using an Internet based storage solution, such as ‘Google […]

North Carolina State Bar 2011 Formal Ethics Opinion 6

Topics: Subscribing to Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property Summary: “Opinion rules that a lawyer may contract with a vendor of software as a service provided the lawyer uses reasonable care to safeguard confidential client information.” From the Opinion: “This opinion does not set forth specific […]

Pennsylvania Bar Association Formal Opinion 2011-200

Committee on Legal Ethics and Professional Responsibility – Formal Opinion 2011-200 Topics: Ethical Obligations for Attorneys Using Cloud Computing/Software as a Service While Fulfilling the Duties of Confidentiality and Preservation of Client Property From the opinion: “From a more technical perspective, ‘cloud computing’ encompasses several similar types of services under different names and brands, including: […]