E-discovery: The relationship between cloud computing, e-discovery and privilege | Inside Counsel

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An article by Eric Hutz posted on the Legal Technology Today website.

This article looks at the use of cloud computing, and discusses the impact that is has upon eDiscovery requirements, as well as the relationship to claims of privilege for specific communications.

The article mentions the following concerns that need to be taken into consideration when using cloud based computing systems:

• Unauthorized access to confidential information;
• Notification policies for security breaches;
• Jurisdictional issues:  What rules govern? Is it the corporate place of business, the cloud providers place of business, or alternatively the location of the servers?
• Software licenses that might be required, and do they permit cloud use?
• Data backup, data encryption and data destruction;
• Audits; and
• Need for client's consent before storing or transmitting data.