According to Illinois Opinion 16-06 lawyers may use third-party cloud services provided that they use “reasonable care to ensure that client confidentiality is protected and client data is secure”. More information is available here For more information, Francesca Giannoni-Crystal Follow us on& Like us on
On November 7, 2016, China adopted a new cyber-security law that will come into force in June 2017. The new legislation has received some criticism. According to James Zimmerman, Chairman of the American Chamber of Commerce in China, “this is a step backwards for innovation in China that won’t do much to improve […]
On November 3, 2016, the Bavarian Data Protection Authority (BayLDA) informed that it will carry out a privacy audit on the international data transfers of more than 500 companies. The Authority has decided to carry out such audits because of the suspicion that companies may transfer data abroad without even being aware of it. Indeed, many small […]
On September 27, 2016, the Cloud Infrastructure Services Providers of Europe (CISPE) announced the publication of the Data Protection Code of Conduct for Cloud Infrastructures Services. The CISPE comprises several major European cloud infrastructure providers. The code of conduct provides that the certified cloud infrastructure providers: will process and store data exclusively within the EU/EEA […]
ISBA Professional Conduct Advisory Opinion No. 16-06 Topic: Confidentiality; Conflicts of Interest Digest of the ISBA: A lawyer may use cloud-based services in the delivery of legal services provided that the lawyer takes reasonable measures to ensure that the client information remains confidential and is protected from breaches. The lawyer’s obligation to protect the […]
On September 20, 2016, NYU Center for Cybersecurity hosted Follow the Money: Fighting Cybercrime in the Digital Underworld. The program was very engaging and the panelists brought to the table expertise in different fields to discuss the reality of cybercrime. Their conclusion was that cyber-criminals remain individuals motivated by money, hence the title of the lecture. Deterring […]
The authors provides five interesting practice points (Representations and Warranties, Indemnification, Limitation of Liability, Insurance, Data Ownership and Use) regarding provider responsibility in enterprise cloud service agreements. The full text is available at http://www.dataprivacymonitor.com…
Board of Professional Responsibility of the Supreme Court of Tennessee Topic: Lawyers’ use of cloud services From the opinion A lawyer may ethically allow confidential client information to be stored in “the cloud” if the lawyer takes reasonable care to assure that: (1) all such information or materials remain confidential; and (2) reasonable […]
Nathan M. Crystal & Francesca Giannoni-Crystal – new publication: Something’s got to give: breve comparazione tra l’approccio americano ed europeo al cloud computing, soluzioni pratiche, Cultura e Diritti, no.4/2014, October- December 2014, p. 27 (see here)
21 Rich. J.L. & Tech. 9 (2015) Author argues that because of the evolving security risks brought by e-mail, Internet, and cloud computing, lawyers must reassess their ethical duties of competence and confidentiality. Ignorance of technology may lead to violations of lawyers’ fundamental ethical duties of competence and confidentiality. Mentioned rules: ABA Model Rule 1.1; […]