International data transfers within cloud services

Abstract

Cloud computing has emerged as a new tech pattern towards
which many organizations are moving their activities and
processes to benefit from global, flexible and immediate
accessibility to technology, to get rid of purchase of own
software and hardware tools, to decrease IT costs while easily
scaling workloads and to allow a more specialized, centralized
and frequently secured processing and storage activities.
The idea of infrastructure, platform, and software as a service
(IaaS, PaaS and SaaS) is based on ubiquity and remote provision
of computing services. And it ends up in a need of analyze
the regulatory and legal issues and requirements that both
controllers and processors must consider when implementing
their cloud strategies.
The purpose of this paper is to deliver an overview of one
specific privacy topic brought in most of cloud agreement
negotiations. The international data transfer is a key term
for the operation, availability, performance and security of

the cloud services, but it shows broad legal challenges to
be considered when performing and when purchasing the
service. The idea of public and global cloud services is linked to
international data transfers as the cloud hosting and operation
resources are mostly designed under worldwide basis.
Compliance with European Data Protection Regulation and its
extraterritorial application require to meet some specific legal
fundamentals for the transfer of personal information and to
create a contractually trusted environment where third country
restriction problems can be reasonably solved by ensuring
adequate level of protection when providing and using cloud
services.