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Hybrid Cloud

2 August 2016

NetApp Private Storage for Cloud

The „legally admissible“ provision of company-critical information is an absolute precondition of „IT compliance“, regardless of its specific legal basis, with the guarantees of availability as well as backup and archiving processes being crucial to compliance with the applicable standards.

The transfer of data to the Cloud always requires legal legitimation. Especially in relation to transfers to non-secure „third-party states“, as the USA is classed by the EU in matters of data protection, most providers have previously primarily relied on „Safe Harbor“ self-certification. Now that the ECJ has heralded the end of „Safe Harbor“ in its ruling on 10/6/2015, the most prominent solution to this data protection issue is no longer available. Even the use of EU standard contractual clauses has been cast into doubt by the ECJ‘s ruling. These two principles, however, formerly provided the basis permitting many well-known Cloud providers to transfer data to the USA. The only remaining option to avoid this legal uncertainty and to ensure an appropriate level of protection which is simple to implement is the hybrid Cloud solution, as offered by NetApp in its „NetApp Private Storage for Cloud“. This solution gives the company, as „master of its data“, a simple and legally admissible way to continue benefiting from the advantages of the Cloud without any concerns. The data are stored in the relevant country according to the relevant requirements and the compute service can be accessed from the public cloud.