{"id":1784,"date":"2010-12-29T07:00:49","date_gmt":"2010-12-29T15:00:49","guid":{"rendered":"http:\/\/www.formtek.com\/blog\/?p=1784"},"modified":"2010-12-29T07:00:49","modified_gmt":"2010-12-29T15:00:49","slug":"cloud-computing-ediscovery-and-the-cloud-dont-mix-well-at-least-not-yet","status":"publish","type":"post","link":"https:\/\/formtek.com\/blog\/cloud-computing-ediscovery-and-the-cloud-dont-mix-well-at-least-not-yet\/","title":{"rendered":"Cloud Computing: eDiscovery and the Cloud Don't Mix Well — At Least Not Yet"},"content":{"rendered":"

eDiscovery and Cloud Computing are a bit like oil and water, at least just yet in these early days of the cloud.<\/p>\n

The cost efficiencies and time savings that Cloud-based services provide make it seem like the choice to move to the cloud is a no-brainer. \u00a0Survey after survey show what makes it seem like everyone is jumping aboard the Cloud. \u00a0But does it make sense for you and your business?<\/p>\n

Much of the answer to that question depends on the kind of data that you are hosting and the value of that data to your organization. \u00a0A recent article on CIO Update<\/a> highlights a number of problems\/headaches with remotely hosting data that can show up the day that an eDiscovery request hits your desk.<\/p>\n

1. A response to an eDiscovery request typically must outline the locations of stored data. \u00a0Cloud systems, in their incredible efficiency may have cached your dataon multiple servers located in multiple global locations. \u00a0Your retention schedule may have said that something is deleted, but your cloud provider may have kept a backup copy of it somewhere. \u00a0This issue of not knowing where your data and data copies\/backups physically reside is at the root of a number of problems.<\/p>\n

2. The law isn’t clear but organizations are typically responsible to put a “legal hold” on electronic data requested by eDiscovery. \u00a0Most cloud vendors today are not capable of making this happen with the data you host. \u00a0What do you do?<\/p>\n

3. \u00a0Very complex problems can result if data requested with eDiscovery is actually being hosted by a vendor on servers in another country. \u00a0Different countries typically\u00a0have different laws and different privacy policies, often quite different. \u00a0Which jurisdiction does the data fall under and which country’s laws apply?<\/p>\n

4. Who is responsible should eDiscovery requests have some sort of technical problem, the vendor or the cloud user? \u00a0Again the law is not at all clear, but it likely that the cloud user will need to shoulder much of the responsiblity.<\/p>\n

5. \u00a0If the cloud vendor inadvertantly deletes data being requested for eDiscovery, is the cloud vendor legally liable, especially if there is no mention of the need to respond to eDiscovery requests in your contract with the cloud vendor?<\/p>\n

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eDiscovery and Cloud Computing are a bit like oil and water, at least just yet in these early days of the cloud. The cost efficiencies and time savings that Cloud-based services provide make it seem like the choice to move…<\/span><\/p>\n

Read more ›<\/a><\/div>\n

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