Legal Aspects of Cloud Computing

By Wolfgang Gentzsch

August 13, 2012

An interview with Paolo Balboni, Scientific Director of the European Privacy Association and Founding Partner at ICT Legal Consulting in Milan

On September 24 – 25, 2012 cloud computing experts and end-users from around the world will gather at the ISC Cloud’12 Conference at the Dorint Hotel in Mannheim, Germany. The conference will focus on compute and data intensive applications, their resources needs in the cloud, and strategies on implementing and deploying cloud infrastructures.

Paolo BalboniISC Cloud Conference Chairman Wolfgang Gentzsch spoke with Paolo Balboni, the Scientific Director of the European Privacy Association and a Founding Partner at ICT Legal Consulting in Milan, who will be a speaker at the conference’s HPC Cloud Challenges panel discussing legal aspects of cloud computing.

HPC in the Cloud: Paolo, thank you for joining us at this year’s ISC Cloud conference. You are providing legal advice to multinational companies and public administrations in highly actual ICT areas like personal data protection, cloud computing, big data, Web 2.0 service providers’ liability, intellectual property rights, and many more. These areas seem to be dangerous minefields for all those who have to deal with ICT in a global world, either as consumers or as providers. To start with, what are currently the biggest concerns about moving to the cloud?

Paolo Balboni: Clearly the biggest concerns are data protection and data security.

HPC in the Cloud: Can we make a practical example around this? Say Company A migrates its Customer Relationship Management to the cloud, using Infrastructure-as-a-Service offered by a cloud service provider. In case of a data security breach, who will then be liable towards Company A’s customers?

Paolo Balboni: Company A will be liable for it. In fact, Company A (in its quality of Data Controller) is responsible for what the cloud service provider does (in his quality of Data Processor). More precisely, Company A is required by law to choose a cloud service provider that provides sufficient guarantees on technical security measures and organizational measures governing the processing to be carried out. And Company A must ensure compliance with such measures.

HPC in the Cloud: So how can Company A effectively control the cloud service provider’s data processing and prevent unlawful activities?

Paolo Balboni: Prior to migrating to the cloud, companies should carefully verify the data privacy and data security policy of cloud service providers and choose the one that offers a high level of data protection. Moreover, companies should also regularly monitor the data protection compliance of the selected cloud service provider and look into limitations and exclusions of liability clauses. Cloud service providers that do not provide transparency and have unreasonable limitations and exclusions of liability clauses in their conditions of service should be avoided.

HPC in the Cloud: In mainstream cloud computing the application – like the one we just mentioned – resides as a Web service persistently in the cloud; it does not move back and forth over the Internet each time a service is requested, except a few data for requesting and obtaining the service. Are we facing similar legal issues if we move a whole engineering application like for example a CAE simulation code and the related geometry data of an automobile to an HPC Cloud like Amazon EC2 or Penguin on Demand?

Paolo Balboni: I think that this example does not bring about privacy issues because geometry data (e.g., of an automobile) are not considered personal data. Personal data are defined in Art.2.a of the Directive 95/46/EC as “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.”

HPC in the Cloud: There has been a lot of discussion and concern about a generally inadequate legal framework for cloud computing. What can companies do in such a situation to migrate to the cloud, yet minimizing the legal risks?

Paolo Balboni: Companies should work on the cloud service agreement. In this respect, the Article 29 Working Party has recently published an opinion addressing appropriate contractual safeguards. In the opinion it is stated that “security, transparency and legal certainty for clients should be key drivers behind the offer of cloud computing services”. I could not agree more. And companies can achieve such objectives by accurately negotiating the right controls on the cloud service providers and relevant warranties.

HPC in the Cloud: Big data is really the catch phrase of the moment. Proliferation of data and increasing demand for computational resources from cloud infrastructure providers, for example, represent a great business opportunity for companies. What about privacy and data protection?

Paolo Balboni: Rigorous data protection compliance management throughout the whole data lifecycle is key. Companies will be advised on how to store, protect, and analyze large amount of data and turn it into valuable information to improve their businesses. However, data – unless anonymized – can only be processed for the purposes they were collected for. So it is important to have a strategic and accurate approach to data protection compliance in order to collect personal data already in a way to enable further lawful processing activities. The difference for a company between dying buried under personal data and harnessing their value is directly related to privacy compliance management. Big data will prove that a strategic and accurate approach to data protection can really generate a return of investment.

More information about the event where Paolo Balboni is set to discuss these topics can be found at the ISC Cloud ’12 website. You can also contact him at [email protected].

Subscribe to HPCwire's Weekly Update!

Be the most informed person in the room! Stay ahead of the tech trends with industy updates delivered to you every week!

Insights from Optimized Codes on Cineca’s Marconi

February 15, 2019

What can you do with 381,392 CPU cores? For Cineca, it means enabling computational scientists to expand a large part of the world’s body of knowledge from the nanoscale to the astronomic, from calculating quantum effe Read more…

By Ken Strandberg

What Will IBM’s AI Debater Learn from Its Loss?

February 14, 2019

The utility of IBM’s latest man-versus-machine gambit is debatable. At the very least its Project Debater got us thinking about the potential uses of artificial intelligence as a way of helping humans sift through al Read more…

By George Leopold

ClusterVision in Bankruptcy, Fate Uncertain

February 13, 2019

ClusterVision, European HPC specialists that have built and installed over 20 Top500-ranked systems in their nearly 17-year history, appear to be in the midst of bankruptcy proceedings. According to Dutch news site Drimb Read more…

By Tiffany Trader

HPE Extreme Performance Solutions

HPE Systems With Intel Omni-Path: Architected for Value and Accessible High-Performance Computing

Today’s high-performance computing (HPC) and artificial intelligence (AI) users value high performing clusters. And the higher the performance that their system can deliver, the better. Read more…

IBM Accelerated Insights

Medical Research Powered by Data

“We’re all the same, but we’re unique as well. In that uniqueness lies all of the answers….”

  • Mark Tykocinski, MD, Provost, Executive Vice President for Academic Affairs, Thomas Jefferson University

Getting the answers to what causes some people to develop diseases and not others is driving the groundbreaking medical research being conducted by the Computational Medicine Center at Thomas Jefferson University in Philadelphia. Read more…

South African Weather Service Doubles Compute and Triples Storage Capacity of Cray System

February 13, 2019

South Africa has made headlines in recent years for its commitment to HPC leadership in Africa – and now, Cray has announced another major South African HPC expansion. Cray has been awarded contracts with Eclipse Holdings Ltd. to upgrade the supercomputing system operated by the South African Weather Service (SAWS). Read more…

By Oliver Peckham

Insights from Optimized Codes on Cineca’s Marconi

February 15, 2019

What can you do with 381,392 CPU cores? For Cineca, it means enabling computational scientists to expand a large part of the world’s body of knowledge from th Read more…

By Ken Strandberg

ClusterVision in Bankruptcy, Fate Uncertain

February 13, 2019

ClusterVision, European HPC specialists that have built and installed over 20 Top500-ranked systems in their nearly 17-year history, appear to be in the midst o Read more…

By Tiffany Trader

UC Berkeley Paper Heralds Rise of Serverless Computing in the Cloud – Do You Agree?

February 13, 2019

Almost exactly ten years to the day from publishing of their widely-read, seminal paper on cloud computing, UC Berkeley researchers have issued another ambitious examination of cloud computing - Cloud Programming Simplified: A Berkeley View on Serverless Computing. The new work heralds the rise of ‘serverless computing’ as the next dominant phase of cloud computing. Read more…

By John Russell

Iowa ‘Grows Its Own’ to Fill the HPC Workforce Pipeline

February 13, 2019

The global workforce that supports advanced computing, scientific software and high-speed research networks is relatively small when you stop to consider the magnitude of the transformative discoveries it empowers. Technical conferences provide a forum where specialists convene to learn about the latest innovations and schedule face-time with colleagues from other institutions. Read more…

By Elizabeth Leake, STEM-Trek

Trump Signs Executive Order Launching U.S. AI Initiative

February 11, 2019

U.S. President Donald Trump issued an Executive Order (EO) today launching a U.S Artificial Intelligence Initiative. The new initiative - Maintaining American L Read more…

By John Russell

Celebrating Women in Science: Meet Four Women Leading the Way in HPC

February 11, 2019

One only needs to look around at virtually any CS/tech conference to realize that women are underrepresented, and that holds true of HPC. SC hosts over 13,000 H Read more…

By AJ Lauer

IBM Bets $2B Seeking 1000X AI Hardware Performance Boost

February 7, 2019

For now, AI systems are mostly machine learning-based and “narrow” – powerful as they are by today's standards, they're limited to performing a few, narro Read more…

By Doug Black

Assessing Government Shutdown’s Impact on HPC

February 6, 2019

After a 35-day federal government shutdown, the longest in U.S. history, government agencies are taking stock of the damage -- and girding for a potential secon Read more…

By Tiffany Trader

Quantum Computing Will Never Work

November 27, 2018

Amid the gush of money and enthusiastic predictions being thrown at quantum computing comes a proposed cold shower in the form of an essay by physicist Mikhail Read more…

By John Russell

Cray Unveils Shasta, Lands NERSC-9 Contract

October 30, 2018

Cray revealed today the details of its next-gen supercomputing architecture, Shasta, selected to be the next flagship system at NERSC. We've known of the code-name "Shasta" since the Argonne slice of the CORAL project was announced in 2015 and although the details of that plan have changed considerably, Cray didn't slow down its timeline for Shasta. Read more…

By Tiffany Trader

The Case Against ‘The Case Against Quantum Computing’

January 9, 2019

It’s not easy to be a physicist. Richard Feynman (basically the Jimi Hendrix of physicists) once said: “The first principle is that you must not fool yourse Read more…

By Ben Criger

AMD Sets Up for Epyc Epoch

November 16, 2018

It’s been a good two weeks, AMD’s Gary Silcott and Andy Parma told me on the last day of SC18 in Dallas at the restaurant where we met to discuss their show news and recent successes. Heck, it’s been a good year. Read more…

By Tiffany Trader

Intel Reportedly in $6B Bid for Mellanox

January 30, 2019

The latest rumors and reports around an acquisition of Mellanox focus on Intel, which has reportedly offered a $6 billion bid for the high performance interconn Read more…

By Doug Black

US Leads Supercomputing with #1, #2 Systems & Petascale Arm

November 12, 2018

The 31st Supercomputing Conference (SC) - commemorating 30 years since the first Supercomputing in 1988 - kicked off in Dallas yesterday, taking over the Kay Ba Read more…

By Tiffany Trader

Looking for Light Reading? NSF-backed ‘Comic Books’ Tackle Quantum Computing

January 28, 2019

Still baffled by quantum computing? How about turning to comic books (graphic novels for the well-read among you) for some clarity and a little humor on QC. The Read more…

By John Russell

Contract Signed for New Finnish Supercomputer

December 13, 2018

After the official contract signing yesterday, configuration details were made public for the new BullSequana system that the Finnish IT Center for Science (CSC Read more…

By Tiffany Trader

Leading Solution Providers

SC 18 Virtual Booth Video Tour

Advania @ SC18 AMD @ SC18
ASRock Rack @ SC18
DDN Storage @ SC18
HPE @ SC18
IBM @ SC18
Lenovo @ SC18 Mellanox Technologies @ SC18
NVIDIA @ SC18
One Stop Systems @ SC18
Oracle @ SC18 Panasas @ SC18
Supermicro @ SC18 SUSE @ SC18 TYAN @ SC18
Verne Global @ SC18

Deep500: ETH Researchers Introduce New Deep Learning Benchmark for HPC

February 5, 2019

ETH researchers have developed a new deep learning benchmarking environment – Deep500 – they say is “the first distributed and reproducible benchmarking s Read more…

By John Russell

ClusterVision in Bankruptcy, Fate Uncertain

February 13, 2019

ClusterVision, European HPC specialists that have built and installed over 20 Top500-ranked systems in their nearly 17-year history, appear to be in the midst o Read more…

By Tiffany Trader

IBM Quantum Update: Q System One Launch, New Collaborators, and QC Center Plans

January 10, 2019

IBM made three significant quantum computing announcements at CES this week. One was introduction of IBM Q System One; it’s really the integration of IBM’s Read more…

By John Russell

Nvidia’s Jensen Huang Delivers Vision for the New HPC

November 14, 2018

For nearly two hours on Monday at SC18, Jensen Huang, CEO of Nvidia, presented his expansive view of the future of HPC (and computing in general) as only he can do. Animated. Backstopped by a stream of data charts, product photos, and even a beautiful image of supernovae... Read more…

By John Russell

HPC Reflections and (Mostly Hopeful) Predictions

December 19, 2018

So much ‘spaghetti’ gets tossed on walls by the technology community (vendors and researchers) to see what sticks that it is often difficult to peer through Read more…

By John Russell

IBM Bets $2B Seeking 1000X AI Hardware Performance Boost

February 7, 2019

For now, AI systems are mostly machine learning-based and “narrow” – powerful as they are by today's standards, they're limited to performing a few, narro Read more…

By Doug Black

The Deep500 – Researchers Tackle an HPC Benchmark for Deep Learning

January 7, 2019

How do you know if an HPC system, particularly a larger-scale system, is well-suited for deep learning workloads? Today, that’s not an easy question to answer Read more…

By John Russell

Intel Confirms 48-Core Cascade Lake-AP for 2019

November 4, 2018

As part of the run-up to SC18, taking place in Dallas next week (Nov. 11-16), Intel is doling out info on its next-gen Cascade Lake family of Xeon processors, specifically the “Advanced Processor” version (Cascade Lake-AP), architected for high-performance computing, artificial intelligence and infrastructure-as-a-service workloads. Read more…

By Tiffany Trader

  • arrow
  • Click Here for More Headlines
  • arrow
Do NOT follow this link or you will be banned from the site!
Share This