Definitely a hard topic to understand, to study, to analyze and specially to protect, as it brakes with territorial limits in the world and almost of time, due to the immediate access to the information or services through the "cloud" from different places of the earth and which information is curiously not in the clouds, but in an unknown and probably different territory from the one in which the service is being used.
However, the Cloud Computing is not actually a subject of protection really, instead, we protect the information, data (personal, financial, sensitive, etc.) and the rights that each of said data contains.
That is, Cloud Computing, must have as basis: security and privacy, either to the users or to the information or contents treated and/or stored through this services in the cloud, which should be mentioned that are legally known as Software as a Service (SaaS).
Even when all of this seems strange or new, it has not been from more than a decade, as many of us have had email accounts or have seen videos in YouTube, watch movies in Netflix, used Twitter or Facebook, bought and download music or books in Itunes or even electronic invoices.
Furthermore, the protection, as it has already been mentioned before, relies on the information stored and treated, not only by the user but also by the service supplier itself.
Surprising or concerning are the cross-checkings of information made by cloud services, such as Netflix or Amazon, websites which -according to users' previous choices, purchases or views- make new recommendations on new products or services and, needless to say, make a great "prediction" work.
Social networks are also part of this Cloud Computing, as they storage, transmit and lend services, starting with games, advertising, broadcasting, etc. Notwithstanding the foregoing, the importance of is once again confirmed, provided that many times the licenses for use of these social networks include clauses as the one expressly authorizing for sharing personal data for advertisement purposes. In this regard, it should be noted that said authorization includes the assignment or licensing of rights in relation to information and, in particular, to Copyrights of our photographies, which happens to be presumed as property of the user.
So, the question users need to make before uploading information is: what and how should I transmit, storage or use information through the cloud?
Mr Flores is an Attorney at Law who covers prosecution in Mexico and Madrid route for international trademarks, as well as counselling in Advertising Law, Entertainment Law, Data Privacy, Labeling and Regulatory affairs.
Ciudad de México, D.F. Av. Insurgentes
Sur 1647, Piso 15, Of. 1502, Col. San José Insurgentes,
Tel: +52 55 5340 2300
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.