Cloud Computing and Risk: A look at the EU and the application of the Data Protection Directive to cloud computing

The use of cloud services for the management of records presents many challenges, both in terms of the particulars of data security as well the need to sustain and ensure the greater reliability, authenticity, and accuracy of records. To properly grapple with these concerns requires the development of more specifically applicable and effective binding legislation; an important first step is the examination and identification of the risks specific to cloud computing coupled with an evaluation of presently applicable legislation. Within the context of the European Union, this type of analysis centres on the Data Protection Directive (Directive 95/46/EC), and its related instruments. This article examines the present legal framework governing cloud computing in the EU today, and highlights how the various Articles of the Data Protection Directive can be linked to particular concerns about the cloud in order to better safeguard users and providers engaged in cloud computing