Resolution regarding “Cloud Computing” – 19.10.2013

19.10.2013

The General Assembly of the FBE, celebrated on the occasion of its Intermediate Meeting in Cluj, on 19th October 2013, has adopted the following declaration,

WHEREAS:

FBE acknowledges the increasing lawyer’s interest in cloud computing and the harm it could bring to their clients and the lawyer’s obligations regarding our core values: confidentiality and professional secrecy, as much as other duties connected with personal data protection and therefore

DECLARES

that in considering the benefits and risk for using cloud computing environments, all Member Bars are urged to consider the need to put these issues in their agenda, and to inform their members about the dangers of cloud computing. In particular it must be assured that the confidentiality of the data is at all times secured. In this regard, the question has to be addressed, whether the data may be stored in a foreign jurisdiction and how the protection of the data can be enforced.

The member bars are called to check whether they want to:

• Give the recommendations;

• Issue practical guidelines (with possible hints to contractual precautions with service providers, including solutions on physical location of the servers and data transfer to other jurisdictions);

• Organize continuous training (including encryption skills).