A Brokering Framework for Assessing Legal Risks in Big Data and the Cloud

TY - CHAP

T1 - A Brokering Framework for Assessing Legal Risks in Big Data and the Cloud

AU - Corrales Compagnucci, Marcelo

AU - Djemame, Karim

PY - 2017/10/30

Y1 - 2017/10/30

N2 - “Cloud computing” and “Big Data” are amongst the most hyped-up terms and buzzwords of the moment. After decades in which individuals and companies used to host their data and applications using their own IT infrastructure, the world has seen the stunning transformation of the Internet. Major shifts occurred when these infrastructures began to be outsourced to public Cloud providers to match commercial expectations. Storing, sharing and transferring data and databases over the Internet is convenient, yet legal risks cannot be eliminated. Legal risk is a fast-growing area of research and covers various aspects of law. Current studies and research on Cloud computing legal risk assessment have been, however, limited in scope and focused mainly on security and privacy aspects. There is little systematic research on the risks, threats and impact of the legal issues inherent to database rights and “ownership” rights of data. Database rights seem to be outdated and there is a significant gap in the scientific literature when it comes to the understanding of how to apply its provisions in the Big Data era. This means that we need a whole new framework for understanding, protecting and sharing data in the Cloud. The scheme we propose in this chapter is based on a risk assessment-brokering framework that works side by side with Service Level Agreements (SLAs). This proposed framework will provide better control for Cloud users and will go a long way to increase confidence and reinforce trust in Cloud computing transactions.

AB - “Cloud computing” and “Big Data” are amongst the most hyped-up terms and buzzwords of the moment. After decades in which individuals and companies used to host their data and applications using their own IT infrastructure, the world has seen the stunning transformation of the Internet. Major shifts occurred when these infrastructures began to be outsourced to public Cloud providers to match commercial expectations. Storing, sharing and transferring data and databases over the Internet is convenient, yet legal risks cannot be eliminated. Legal risk is a fast-growing area of research and covers various aspects of law. Current studies and research on Cloud computing legal risk assessment have been, however, limited in scope and focused mainly on security and privacy aspects. There is little systematic research on the risks, threats and impact of the legal issues inherent to database rights and “ownership” rights of data. Database rights seem to be outdated and there is a significant gap in the scientific literature when it comes to the understanding of how to apply its provisions in the Big Data era. This means that we need a whole new framework for understanding, protecting and sharing data in the Cloud. The scheme we propose in this chapter is based on a risk assessment-brokering framework that works side by side with Service Level Agreements (SLAs). This proposed framework will provide better control for Cloud users and will go a long way to increase confidence and reinforce trust in Cloud computing transactions.

KW - Faculty of Law

KW - Risk Assessment, Legal Risks, Cloud Computing, Big Data, Service Level Agreements (SLAs), Mutual Trust

UR - https://www.springer.com/us/book/9789811050374

M3 - Book chapter

SN - 978-981-10-5037-4

T3 - Perspectives in Law, Business and Innovation

SP - 187

EP - 222

BT - New Technology, Big Data and the Law

A2 - Corrales Compagnucci, Marcelo

A2 - Fenwick, Mark

A2 - Forgó, Nikolaus

PB - Springer Nature Singapore

CY - Singapore

ER -