The National Law Review recently published an article, Italian Data Protection Authority’s Guide on Cloud Computing, written by Martino Sforza of McDermott Will & Emery:
The Italian Data Protection Authority (DPA) has published a guide on cloud computing, “How to Protect Your Data Without Falling From a Cloud,” which contains useful recommendations on how to select and appoint cloud providers and vendors of data management and storage services. This is the first official guidance issued by the Italian DPA in response to the fast growing use of cloud services in Italy and it might be of particular interest to employers who outsource their data systems to cloud service providers. The guide offers an overview of the potential issues linked to the various types of cloud services, whether they are managed on public, private or hybrid clouds. Under Italian law, cloud providers are appointed as a data processors while employers act as data controllers and will be liable for any wrongdoing committed by the data processors. Employers are therefore well advised to negotiate appropriate terms for the management of the “cloud-based” data and make sure that adequate technical and organizational measures are in place in order to avoid possible loss or unauthorized disclosure.
Click here to read the full guide on the Italian DPA website.
© 2012 McDermott Will & Emery
