Metropolitan Corporate Counsel has provided a summary of a white paper written by me and by Patrick Burke, Senior Director and Assistant General Counsel at Guidance Software, about the eDiscovery implications of the Cloud.
The white paper provides a practical discussion of cloud computing and related issues specific to eDiscovery, as well as technical issues about data management.
I cannot improve on MCC’s own summary:
Cloud services can offer cost and efficiency benefits, but they also can heighten commercial risks with respect to satisfying e-discovery obligations because some of the responsibility is delegated to an outside party. Formalizing the necessary precautions in agreements with cloud providers is essential, and this process represents an additional opportunity to re-examine precautions in all organizational contexts.
In other words, like so many aspects of eDiscovery / eDisclosure, cost, saving of cost and other benefits must be balanced against risk, and policies and processes must be devised to maximise benefits and contain risk.