Frank Jennings

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Frank Jennings is a lawyer specialising in cloud and technology, commercial contracts, data security and intellectual property. His provides specialist legal advice to cloud providers and cloud customers. He blogs at http://thecloudlawyer.net.

GDPR: Do not resist! Unless you want a visit from the data police

Comment Data was a hot topic last year and it's already big in 2017: Microsoft continues to resist the US government's attempts to get hold of data held in its Irish data centres. But just as it seems to be making progress, the government has won a favourable first instance ruling against Google forcing it to disclose data held outside …

Brexit means Brexit: What the heck does that mean...

Apparently the Brexit result has caused some IT leaders to look at repatriating data to the UK to “comply with data protection laws and especially GDPR”. But wait a minute – this seems to be more about a lack of understanding of data protection laws. Again. Earlier this year I wrote about emotional knee-jerk reactionism being …

NSA, GCHQ and even Donald Trump are all after your data

Comment As production and usage of data keeps growing globally, it’s worth remembering that the US government wants access to your information and will use warrants, decryption or hacking to get to it. That’s not news and the US government has many tools in its box. Many had already heard of the Uniting and Strengthening America by …
Frank Jennings, 20 Oct 2016

You've been hacked. What are you liable for?

Hacking is big news and we’re all susceptible. In the UK, hackers could face jail time under the Computer Misuse Act, but the question on many businesses’ minds will be where the liability lies if they are hacked. The list of successful mega breaches continues to grow; extra-marital affairs site Ashley Madison hit the …
Frank Jennings, 14 Oct 2016
A cursor hovers over a Run/Save/Cancel dialog menu.

Are you sure you want to outsource IT? Yes/No. Check this box to accept Ts&Cs

Migrating to an outsourced IT service including cloud is a great opportunity to outsource responsibility for IT and employees while simultaneously increasing efficiency and decreasing cost. At least, that’s the theory. The reality can be a lot more sobering. The SSP outage should serve as a reminder that while cloud can be …
Frank Jennings, 21 Sep 2016
Cartoon of employee asking wky boss makes hium wear suspenders (while pincer through open trapdoor remains poised above his head) illustration by Cartoon resource for Shutterstock

Hey cloud lawyer: Can I take my client list with me?

You spend months or years building up a client list for your employer. You nurture the relationship and build up personal ties with the client. When you leave the employer, naturally the client goes with you. And so does the client list, via a USB stick or Dropbox or your webmail account. If you don’t get all the details before …
Frank Jennings, 20 Jun 2016
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Committees: Wait! Don't strap on the Privacy Shield yet

The revelations by rogue NSA sysadmin Edward Snowden in 2013 caused indignant EU politicians to open a dialogue with the US government to update the data transfer regime to safeguard personal data. The Privacy Shield is the culmination of those discussions. The US's hands-off approach has always differed from the EU's …
Frank Jennings, 24 May 2016

Brexit: Time to make your plans, UK IT biz

Analysis The Brexit debate continues and, with the Leave and Remain camps neck and neck, it looks likely that the undecided few will carry the result. It seems that we can expect more headline-grabbing soundbites until the vote on June 23. The polarised nature of this debate is throwing up some interesting oddities, so you might be …
Frank Jennings, 31 Mar 2016
Woman reads book, sips tea on couch. Photo by Shutterstock

Data protection: Don't be an emotional knee jerk. When it comes to the law, RTFM

How many times have you spoken to someone in a call centre who refused to give you information on the basis that the "Data Protection Act" prevents them? Any potential customers in Germany who told you they can’t buy your IT or cloud service because their law prohibits data transfers outside Germany? Has anyone told you that a …
Frank Jennings, 10 Mar 2016

Microsoft vs US.gov, Internet of Stuff, etc: What's up with 2015's legal cloudy issues?

Last year, I highlighted five legal issues for cloud firms and consumers to watch out for in 2015. Here’s a quick recap of how those topics developed during the year. 1. Microsoft and the US government go back to court Microsoft is taking a stand against the ability of US law to reach into its Dublin data centres and, against …

Cloud provider goes TITSUP? Will someone think of the data!

You’ve entrusted your data to a cloud. This has allowed you to sell off (or scrap) your legacy hardware. You’ve got some new, up-to-date software applications. Maybe you have also outsourced all or part of your IT team. You no longer have to manage and maintain the bulk of your hardware, software and data. You are now enjoying …
Partnership

Can someone please standardise cloud standards?

As with any product, there are myriad ways of selling it and buying cloud services. While this extensive choice for customers means, in theory, they can pick and choose the type of cloud they want from a number of different providers, it also leads to confusion in the marketplace. If each cloud offering is slightly different …
Old Bailey Lady Justice

Microsoft vs US.gov, Internet of Stuff, Big Data: Some of 2015's legal cloudy issues

Cloud, Big Data, the Internet of Things are among the hottest topics that vendors are driving in 2015, but there are five legal developments in each that are worth tracking. 1. Microsoft and US government go to court Again, Microsoft is resisting attempts by the US government to get access to the user data it is holding …
Frank Jennings, 15 Jan 2015

Microsoft vs the long arm of US law: Straight outta Dublin

Comment The US government can get access to your data stored outside the United States. A controversial ruling by the New York District Court made it clear earlier this year just how far US warrants can extend. The judge ruled that Microsoft had to hand over customer data it was holding in its Dublin data centre. But this is not the end …
Frank Jennings, 23 Sep 2014

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