Starting a new law firm and speaking with cloud services vendors has brought my partner and me face-to-face with one of the realities of cloud data storage. Previous “Legal Perspectives” columns have addressed legal issues such as the security of attorney-client privileged information when in the possession of a cloud vendor. Faced, however, with the reality of complex password protections, technical problems, and connectivity issues, we focused on accessing information stored in the cloud. Following on the heels of the access issue, we became concerned with many other issues with legal implications, such as where the data would be stored and what would happen if we were to terminate the relationship with the provider.
Of course, written agreements cover these and other points when legal, financial, institutional, or governmental entities contract for cloud services. In addition, the explosion of electronic data has also resulted in nearly every individual cell phone and computer user having some kind of cloud storage arrangement. For such individual users, agreeing to cloud storage usually consists of a “click-wrap” license or a license packaged with other services such as gmail. It pays to read the on-line agreement since clicking means that you have accepted the agreement. Even if you are not in a position to negotiate, you should know what you are getting into.