Cloud computing : standard contractual clauses and binding corporate rules

Abstract

Articles 25 and 26 of Directive 95/46/EC provides the free movement of personal data to countries outside the EEA only if the country in question ensures an adequate level of data protection. Otherwise, the controller and the stewards or processors should establish specific safeguards. In the case of cloud computing is very common that the data are located in countries that do not ensure an adequate level. To make these transfers of data to third countries, specific safeguards are required using safe harbor provisions, contractual clauses or binding corporate rules. In this paper the different tools that can be used for cloud computing is carried out in compliance with the rules of data protection are studied.