Top 10 Legal issues in cloud computing

The following list of Legal issues in cloud is a general guide designed to help you focus on some of the areas and legislative items that might impact your cloud environments:

International law

Legal issues in cloud computing are comes under the international law, International law is the term given to the rules that govern relations between states or countries.

It is made up of the following components:

  1.   International convention, whether general or particular, establishing rules expressly recognized by contesting states
  1.   International custom, as evidence of a general practice accepted as law 
  1. The general principles of law recognized by civilized nations 
  1. Judicial decisions and the teachings of the most highly qualified publicists of the various nations, as a subsidiary, means for the determination of rules of law

State law

State law typically refers to the law of each U.S. state (50 states in total, each treated separately), with their state constitutions, state governments, and state courts. 

Copyright and piracy law

Copyright infringement can be performed for financial or non-financial gain. It typically occurs when copyright material is infringed upon and made available to or shared with others by a party who is not the legal owner of the information.

Enforceable governmental request

An enforceable governmental request is a request or order that is capable of being performed based on the government’s order.

Intellectual property right

Intellectual property describes creations of the mind such as words, logos, symbols, other artistic creations, and literary works.

Patents, trademarks, and copyright protection exist to protect a person’s or a company’s intellectual entitlements. Intellectual property rights give the individual who created an idea an exclusive right to that idea for a defined period.

Privacy law

Privacy can be defined as the right of an individual to determine when, how, and to what extent she will release personal information.

Privacy law also typically includes language indicating that personal information must be destroyed when its retention is no longer required.

The doctrine of the proper law

When a conflict of laws occurs, this determines in which jurisdiction the dispute will be heard, based on contractual language professing an express selection or a clear intention through a choice-of-law clause.

If there is not an express selection stipulated, implied selection may be used to infer the intention and meaning of the parties from the nature of the contract and the circumstances involved.

Criminal law

Criminal law is a body of rules and statutes that defines conduct that is prohibited by the government and is set out to protect the safety and well-being of the public.

Besides defining prohibited conduct, criminal law defines the punishment when the law is breached. Crimes are categorized based on their seriousness with the categories carrying maximum punishments.

Tort law

This is a body of rights, obligations, and remedies that sets out reliefs for persons suffering harm as a result of the wrongful acts of others.

These laws set out that the individual liable for the costs and consequences of the wrongful act is the individual who committed the act as opposed to the individual who suffered the consequences.

Tort actions are not dependent on an agreement between the parties to a lawsuit.

Tort law serves four objectives:

  1. It seeks to compensate victims for injuries suffered by the culpable action or inaction of others.
  1. It seeks to shift the cost of such injuries to the person or persons who are legally responsible for inflicting them.
  1. It seeks to discourage injurious, careless, and risky behavior in the future.
  1. It seeks to vindicate legal rights and interests that have been compromised, diminished, or emasculated.

Restatement (second) conflict of laws

A restatement is a collation of developments in the common law (that is, judge-made law, not legislation) that inform judges and the legal world of updates in the area.

Conflict of laws relates to a difference between the laws. In the United States, the existence of many states with legal rules often at variance makes the subject of conflict of laws especially urgent.

The restatement (second) conflict of laws is the basis for deciding which laws are most appropriate when there are conflicting laws in the different states.

The conflicting Legal issues in cloud rules may come from U.S. federal law, the laws of U.S. states, or the laws of other countries.

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