Data protection aspects of cloud computing (DPA 1998 version) | Practical Law

Data protection aspects of cloud computing (DPA 1998 version) | Practical Law

A discussion of the data protection aspects raised by cloud computing and the data protection requirements imposed by national and EU legislation. The note also coveres the legislation with which cloud service providers must comply and how they are best placed to do so.

Data protection aspects of cloud computing (DPA 1998 version)

Practical Law UK Practice Note 3-565-0066 (Approx. 19 pages)

Data protection aspects of cloud computing (DPA 1998 version)

by Roger Bickerstaff, Partner, Barry Jennings, Associate and Tessa Finlayson, Associate, Bird & Bird and Practical Law Data Protection
Law stated as at 20 Jul 2016 • European Union, United Kingdom
A discussion of the data protection aspects raised by cloud computing and the data protection requirements imposed by national and EU legislation. The note also coveres the legislation with which cloud service providers must comply and how they are best placed to do so.
For a GDPR compliant version of this practice note, see Practice note, Data protection aspects of cloud computing (GDPR and DPA 2018) (UK).
Note: With effect from 20 July 2016, this resource is no longer being maintained. From 25 May 2018, the EU General Data Protection Regulation ((EU) 2016/679) (GDPR) replaced the current regime established by the Data Protection Act 1998. It is supplemented by the Data Protection Act 2018. For legal developments between 20 July 2016 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see Technology.
The European Commission is reviewing a related piece of legislation, the E-Privacy Directive (2002/58/EC), implemented in the UK by the Privacy and Electronic Communications Regulations (2003/2426) (as amended) (PECR). Their replacement, the draft E-Privacy Regulation (COM (2017) 10 final) (draft ePR), was not agreed in time to align with the GDPR on 25 May (see Legal update, Government confirms delay to draft E-Privacy Regulation). The Information Commissioner has confirmed that PECR (with GDPR standard of consent) will continue to apply until the draft ePR is finalised. We are updating our direct marketing, cookie and other related resources to reflect this. For further information see E-Privacy Regulation tracker. For further information and ICO guidance, see Practice note, Overview of GDPR: UK perspective: Direct marketing and draft E-Privacy Regulation.
Please be aware that as we regularly update weblinks embedded in our resources so they link to the most recent versions of ICO guidance and codes of practice, those versions may be more current than the law stated date on this resource.