Blog posts by Karsten Kinast


The Impact of the new EU Data Protection Regulation on the Finance Industry

After several negotiations und multiple drafts of the General Data Protection Regulation (GDPR), its final text was adopted in April 2016. The GDPR updates the current EU Data Protection Directive according to the technological developments that have taking place during the last 20 years. The GDPR applies to all member states in the same way and also does not make a distinction between industries or sectors; however, the new provisions may have a higher impact in certain sectors or industries, as they will be subject to stricter requirements regarding the processing of personal data....


Rebuilding the safe harbor is necessary

A current decision of the European Court of Justice (ECJ) concerning the practice of transferring data from Europe into the USA brings many companies on both sides of the Atlantic to unrest: Many comments and publications spread the rumour that storing personal data on servers in the US is with immediate effect automatically illegitimate. However, that is not quite right. There are still many possibilities for carrying out data exports into the USA rightfully. Do enterprises that e. g. use cloud services from US-American providers have to act quickly now and retrieve their data or...


Cloud, Data Protection & Liability

Whether public, private or hybrid clouds, whether SaaS, IaaS or PaaS: All these cloud computing approaches are differing in particular with respect to the question, whether the processing sites/parties can be determined or not, and whether the user has influence on the geographical, qualitative and infrastructural conditions of the services provided. Therefore, it is difficult to meet all compliance requirements, particularly within the fields of data protection and data security. The decisive factors are transparency, controllability and influenceability of the service provider and his...


Cloud Compliance Remains a Challenge

The cloud is reality – but still legally controversial in the details. So what do we need to consider for the future with regard to liability, especially as there are few practical alternatives for data management in the cloud and many already see the cloud as unmatched in value from an economic viewpoint? Over and over again, references are made to the cloud’s problems with multiple national and international data protection laws. Among other things "sensitive data" - for example, health data - internationalization presents huge legal problems with data management in the cloud. The...


EU-Service Level Agreements for Cloud Computing – a Legal Comment

Cloud computing allows individuals, businesses and the public sector to store their data and carry out data processing in remote data centers, saving on average 10-20%. Yet there is scope for improvement when it comes to the trust in these services. The new EU-guidelines, developed by a Cloud Select Industry Group of the European Commission, were meant to provide reliable means and a good framework to create confidence in cloud computing services. But is it enough to provide a common set of areas that a cloud-SLA should cover and a common set of terms that can be used, as the guidelines...

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