This book is what it says it is on the cover: namely a practical introduction to the legal issues surrounding Cloud computing. The author confirms in the Foreword that it is written for both lawyers and non lawyers alike with little background knowledge of the subject.
The book covers all of the pertinent areas with an understandable emphasis on data and particularly data protection. The author begins the book by taking us through a potted history of the development of Cloud computing, giving an overview of the different types of Cloud service that may be encountered, before moving on to look at the jurisdictional issues and “conflicts of law” which may arise given the international nature of information technology in general and cloud computing in particular.
The following chapters concentrate on issues surrounding data. Information security is covered in reasonable detail with some useful examples of recent security breaches in cloud based applications together with guidance on steps that can be taken to best mitigate the risks presented. Data Protection is covered over four chapters primarily in relation to the UK/EU context but with general guidance in relation to the transfer of data outside of the EU. Again, guidance is given as to steps which can be followed to best ensure conformity with current legislation.
Software licensing is considered with the distinction being drawn between Software as a Service (SaaS) provision and Infrastructure as a Service (IaaS) provision and the difficulties in terms of third party licensing and the ease or otherwise of moving these provisions into a Cloud environment being described. The author describes the general pressure upon customers to accept a provider's standard contract conditions although some mention is made of the suitability of bespoke contracts and ways in which amendments to standard conditions can be negotiated. This latter point is especially relevant in relation to the customers' continuing access to its own data, stored in a Cloud environment, both during the term of the licence and following its termination. The book considers this issue from both a commercial, technical and legal perspective with some limited recommendations designed to reduce risk exposure.
Standard contract issues such as service levels, liquidated damages and liability are all mentioned to some degree. The final chapters of the book look at the issues faced by the use of Cloud based technologies in specific industries and the landscape for future development of Cloud based applications.
So who would benefit from reading this book? In the Foreword, the author states that the book is designed “to be of interest to lawyers and non-lawyers alike” and herein lies an issue. In trying to be everything to all people, it could be criticised for being too basic in terms of legal content for a commercial lawyer (whilst being pitched at the right level from a technical perspective),and yet being too basic in terms of technical content for an IT professional (whilst being pitched at the right level from a legal perspective).
Despite this criticism, the book remains a valuable addition to the library of those interested in this subject. In this fast-changing area it is useful to have a book which gives a clear overview upon which greater research can be built. The book's strength lies in that it covers a great breadth of knowledge albeit, on occasions, in limited depth. It is written and set out clearly, with practical tips being highlighted and key points being summarised at the end of each chapter which act as a useful checklist of issues to consider (even if that consideration may require further research elsewhere). The book is good at explaining the jargon which is prevalent in information technology generally, and in dispelling some of the fear that these (often unfamiliar to lawyers) terms can create. This leaves the reader confident that they more clearly understand the breadth of issues to be considered when faced with commercial decisions in relation to Cloud computing.
