Cloud Computing Law 2nd Edition by Christopher Millard ISBN 9780198716679 0198716672

I. Cloud Computing Essentials

Introduction

1. Cloud Technologies and Services

1. What Is Cloud Computing?

2. Cloud Computing Resources and Technologies

3. Cloud Supply Chain: Key Concepts

4. Concluding Remarks

2. Control, Security, and Risk in the Cloud

1. Introduction

2. Control and Flexibility in Practice

3. Confidentiality

4. Integrity

5. Availability

6. Insurance as a Tool for Managing Cloud Risks

7. Concluding Remarks

II. Cloud Computing Transactions

Introduction

3. Standard Contracts for Cloud Services

1. Introduction

2. Methodology

3. Findings

4. Concluding Remarks

4. Negotiated Contracts for Cloud Services

1. Introduction

2. Methodology and Scope

3. Cloud Providers’ Perspectives

4. Cloud Customers’ Perspectives

5. Cloud Contract Terms: Detailed Analysis

6. Concluding Remarks

5. Information Ownership in the Cloud

1. What is Ownership?

2. Ownership Rights in Information

3. Information Provided or Generated by the Customer

4. Information Provided by the Cloud Provider

5. Information Generated by the Cloud Provider which Relates to the Customer’s Information

6. Data Sharing and Data Trusts

7. Concluding Remarks

6. Digital Assets in Clouds

1. Introduction

2. Property Rights in the Cloud

3. Legal Implications, Part 1: Access to Data

4. Legal Implications, Part 2: Succession

5. Concluding Remarks

7. Consumer Protection in the Cloud

1. Introduction

2. The EU Scheme of Individual Consumer Contractual Rights

3. Entrenching Consumer Rights

4. The Failure of Individual Rights

5. Control of Trading Practices

6. Conclusion

III. Data Protection and Cybersecurity in Clouds

Introduction

8. Protection of Personal Data in Clouds and Rights of Individuals

1. Introduction

2. Who and What are Protected?

3. Processing Principles, Transparency, Purposes, and Lawful Processing

4. Rights of Access, Rectification, and Erasure

5. Right to Data Portability

6. Right to Object to Processing

7. Right not to Be Subject to Automated Decision-Making, Including Profiling

8. Remedies and Compensation for the Data Subject

9. Concluding Remarks

9. Responsibilities of Controllers and Processors of Personal Data in Clouds

1. Introduction

2. Controllers, Processors, and Joint Controllers

3. The Relationship between Controller and Processor

4. Compliance and Enforcement

5. Concluding Remarks

6. Appendix—Control and Joint Control in Various Cloud Scenarios

10. Regulation of International Data Transfers in Clouds

1. Introduction

2. The Application of the GDPR to Cloud Services

3. The Consequences of Applying the GDPR

4. Third Country Transfer of Personal Data with Protection

5. Derogations from the Need to Ensure Protection

6. Concluding Remarks

11. Cybersecurity, Cloud, and Critical Infrastructure

1. Introduction

2. The NIS Directive

3. Cloud Providers under the NIS Directive

4. Wider Legal Framework of Cybersecurity Obligations

5. Evaluating the Cybersecurity Legal Framework

6. Concluding Remarks

IV. Cloud Regulation and Governance

Introduction

12. Placing the State in the Cloud: Issues of Data Governance and Public Procurement

1. Introduction

2. Public Sector Data and the Cloud

3. Public Procurement Law in the EU and the Cloud

4. State Aid and Cloud Computing

5. Conclusion

13. Accessing Data in the Cloud: The Long Arm of the Law Enforcement Agent

1. Introduction

2. Forensic Challenges in the Cloud

3. Law Enforcement Powers

4. International Cooperation

5. Notification

6. Law Enforcement and Data Protection

7. Cloud-derived Evidence

8. Conclusion

14. Facilitating Competition in the Cloud

1. Introduction

2. Identifying Market Power in the Cloud Services Market

3. Application of EU Competition Law to Cloud Computing

4. Interoperability

5. Demand-side Measures

6. Conclusion

15. Cloud Computing, Standards, and the Law

1. Introduction

2. Why Standards are Important for Cloud Computing

3. Problem Identified with Cloud Standards

4. Standards as Law

5. Conclusion

16. International Tax Implications of Cloud Computing

1. Introduction

2. Direct Tax Treatment of Cross-border Profits

3. Cloud Computing Income Classification for International Tax Purposes

4. Jurisdiction to Tax

5. Indirect Tax Treatment

6. International Tax Policy

7. Concluding Remarks

Table of Terms of Service Documents

Table of Cases

Table of Legislation

Index