LEGAL ISSUES IN CLOUD COMPUTING IN MALAYSIA

Cloud computing is the storing and accessing of all forms of data over the Internet instead of on an individual’s computer. The technology permeates various layers of the society ranging from the simple individual whose personal data is kept in the cloud with or without his knowledge to the mega corporations that strategically utilise the technology for myriad purposes related to their business.

This book provides an introduction to the key legal issues in cloud computing. Three areas that are central to cloud computing, namely data protection, contracts with cloud service providers and intellectual property.

Data protection and its interaction with cloud computing
This section discusses the challenges which cloud computing poses to the protection of personal data that is stored in the cloud. The section also considers the role which the Personal Data Protection Act 2010 plays in regulating the processing of personal data and the implications of the Act on the processing of personal data stored in the cloud.

Contract with cloud service providers
The section addresses issues pertaining to formation of contracts and privity. It attempts to identify and examine some of the common terms that are unfavourable to the users and, yet, are not negotiable. The legal issues that arise with regard to the fairness or otherwise of some common contractual terms are discussed under both contract law and the Consumer Protection Act 1999.

Intellectual property – specifically patent and copyright issues
The storing and streaming of the content in the cloud itself may raise issues as as to the infringement of intellectual property rights. These issues bring forth the fundamental questions of who should be held liable for the infringing content that is stored in the cloud.

This book is written in simple language to provide easy understanding and practical guidance to business users and providers of cloud computing services.