Personuppgifter i molntjänster - ansvarsreglering enligt GDPR

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: In an ever more digital world, an increasing number of organizations chose, for various reasons, to move their data from local servers and into the cloud - including personal data. Services most commonly thought of as Cloud services are Dropbox, Share-point and ICloud, but there are a vast number of different Cloud services and variants to choose from - some of which will be covered in the essay, along with giving a definition of Cloud services and the judicial responsibilities that follow such services. In short, Cloud services store data on remote servers, accessible anywhere with an internet connection. As opposed to working locally on your company servers or laptop, you buy this external IT-resource as a service, letting you store and access information with the Internet as your platform. This essay covers and explains the legal responsibilities under the new General Data Protection Regulation (GDPR), between suppliers of Cloud services and their customers when storing and processing personal data in the Cloud. The GDPR is directly applicable in every EU country, from 25th of May 2018 and onwards, and forms the legal grounds for processing personal data concerning EU citizens and EU visitors. The essay also covers various variants and functions of a Cloud service, with the corresponding benefits and disadvantages. A big benefit from using Cloud services is outsourcing data storage and processing to companies more focused on IT and security than the customers organization (and removing some of the associated cost). The added benefits and cost cuts do, however, come with legal risks and demands. Cloud services always, at a minimum, involve two parties. The parties need to make clear their respective responsibilities to the data subjects (and supervisory authorities), under GDPR by formal contract. The details of such a contract and their meaning will be further discussed in the essay.

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