Intellectual Property Law #1: Cloud Computing
Face au Droit is back, but with a few new features: intellectual property is at the heart of the debates for this first issue. Agathe PECASTAING welcomes Mathieu COULAUD, legal delegate at Syntec Numérique, and François – Pierre LANI, lawyer at Derriennic & Associés. Together, they attempt to understand the legal issues surrounding cloud computing.
93% of French companies use the Cloud. From mailboxes to accounting data, the Cloud is everywhere in our economy.
However, data outsourcing involves risks. How can we guard against them? Is the applicable law the same as for any other contract? Is it possible to use a foreign service provider? Are “sensitive” data subject to special regulations? The Cloud deserves everyone’s trust, but not at any price. Our experts present the risks and their recommendations.
Program produced by Décideurs TV. May 2013.
The first Face au Droit intellectual-property episode discusses legal issues surrounding cloud computing, with contributors from Syntec Numérique and Derriennic & Associés. Outsourcing infrastructure and applications can simplify operations, but it also changes where data is stored and how services are delivered.
A cloud contract should address security responsibilities, service availability, data portability, rights over software and customer content, subcontracting and termination. Sensitive information may require additional safeguards. The interview was produced in 2013, so its legal references should be read as historical.
Digital projects create legal questions long before a dispute arises. Organisations need to identify who owns or may use software and content, what contractual promises have been made and how confidentiality and security are managed. It is also important to plan for changes in provider, termination of services and the handling of third-party materials. Clear clauses and consistent records reduce misunderstandings. Older interviews are useful introductions to recurring risks, but legal conclusions depend on current law and the facts of each case.