'It's a Jungle Out There'?: Cloud Computing, Standards and the Law

31 Pages Posted: 25 May 2014

See all articles by Niamh Gleeson

Niamh Gleeson

Queen Mary, University of London

Ian Walden

Centre for Commercial Law Studies, Queen Mary University of London, School of Law ; Queen Mary University of London - Centre for Commercial Law Studies (CCLS)

Date Written: May 23, 2014

Abstract

This article focuses on EU initiatives on cloud standards, particularly the work of ETSI, ENISA and the working groups set up by the European Commission; while acknowledging that cloud standardisation is obviously also a global issue. Consideration is given to the Commission’s actions on cloud standards and the main issues that feature in the debate about the need for cloud computing standards: data protection, data security, interoperability, data portability, reversibility and SLAs. We review the standard-setting process for cloud and give an overview of the variety of standards setting organisations, governmental bodies and international organisations involved in developing standards for the cloud market. Finally, we examine how the adoption of cloud standards can be granted, or acquire, legal and regulatory effects under both public and private law regimes, which impact on both providers and users of cloud services. We conclude that, while technical standards for cloud appear to be developing as expected, informational and evaluative standards will inevitably take longer to emerge and may require greater stability within the legal frameworks into which they are intended to operate.

Keywords: Cloud computing, standards, security, data protection, interoperability, data portability

Suggested Citation

Gleeson, Niamh and Walden, Ian, 'It's a Jungle Out There'?: Cloud Computing, Standards and the Law (May 23, 2014). Available at SSRN: https://ssrn.com/abstract=2441182 or http://dx.doi.org/10.2139/ssrn.2441182

Niamh Gleeson

Queen Mary, University of London ( email )

Lincoln's Inn Fields
Mile End Rd.
London, E1 4NS
United Kingdom

Ian Walden (Contact Author)

Centre for Commercial Law Studies, Queen Mary University of London, School of Law ( email )

67-69 Lincoln’s Inn Fields
London, London WC2A 3JB
United Kingdom

Queen Mary University of London - Centre for Commercial Law Studies (CCLS) ( email )

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London, EC1M 6AX
United Kingdom

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