Canada: A Realistic Approach Is Needed To Cloud Computing

Last Updated: May 19 2014
Article by Kelly Friedman

Death and taxes are not the only certainties in life. Technological innovation is also a certainty. Today, accessing computing resources and sharing data through the internet, ie. cloud computing, is a reality we have to accept and address. I am not suggesting that we bury our heads in the sand and accept that "privacy is dead". Quite the opposite. We must become knowledgeable to the point of learning how to take advantage of the benefits of cloud computing while responsibly managing the risks that cloud computing entails.

The Cloud Computing Conundrum

With cloud computing, users can access computing resources through the internet and not have to spend money on their own IT infrastructures. For low cost, users can access scalable resources, access those resources from anywhere there is an internet connection, have a customized experience, and attain levels of reliability, performance and security that they could never afford to put in place on their own.

The key downside of cloud computing is the loss of control over one's data. With cloud computing, numerous third-party service providers, geographically dispersed all over the world, may have access to your data. That is scary. It is also scary that, through devices which connect to the internet and the scanning of email and browsing histories, private corporations and governments can closely monitor and mine data about our behaviour. Despite these risks, we must embrace technology and learn how to manage it.

The Education Sector is Striking a Cloud Computing Balance

Last week, I had the great honour of attending the annual conference for the Ontario Association of School Board Officials (OASBO). I spoke about the legal implications of cloud computing and participated on a panel about balancing benefits and dangers of cloud computing in the education sector. My co-panellists and the attendees were intelligent, compassionate people who truly care about the educational opportunities available to K-12 students in Ontario. Quite understandably, some participants shared concerns about student data being mined for profit and accessed without authority.

The real question is: How can we reap the educational benefits of the internet and manage the risks to student privacy and the exploitation of student data presented by cloud computing?

We cannot insulate K-12 students from the internet. We would fail if we tried. The world we live in is becoming increasingly wired and students demand access to on-line resources. If we created school environments where the internet was taboo, our kids could not possibly learn to be successful and compete globally in our wired-world. The answer is that we have to do our best to create and constantly maintain a reasonably secure environment where kids and teachers can use on-line teaching tools and research while minimizing risks to privacy and safety.

The Ontario Ministry of Education has made some strides in this regard. With the assistance of the wonderful OASBO contributors, the Ministry of Education has negotiated contract addenda with each of Google and Microsoft, to allow Ontario students K-12 to access Google Apps for Education and Microsoft Office365 if their school boards so choose. Essentially, these addenda incorporate some important contractual protections, and create a "walled-garden" so that school boards maintain an important degree of control on student data within the "walled-garden". Note that Google Apps for Education and Microsoft Office365 are being provided free to the school boards for student and teacher use. Without the bargaining power that comes with pay-for-service, the addenda have done a fine job of reducing the risks of cloud computing for our kids.

Cloud Due Diligence and Contract Protections

When your enterprise has some bargaining power, what should you push for when negotiating with a cloud service provider? While you would need a lot of clout to get everything you want, here are my top 12 tips for an enterprise considering cloud computing:

  1. Carry out privacy impact and risk assessments prior to moving data into the cloud
  2. Do a security audit of the service provider
  3. Ask the service provide to produce any certifications to national, industry and international standards for data security, including encryption technologies
  4. Address the segregation of your data from other data
  5. Negotiate to maintain ownership of your data and the permitted uses of your data by the service provider
  6. Negotiate ongoing audit rights of security infrastructures
  7. Ensure you are provided with data breach notification and investigation rights
  8. Ensure there exists contingency plans for data breach and disaster recovery
  9. Ensure you have access to your data at all times and can obtain a copy of all information
  10. Ensure that the service provider can implement your enterprise retention rules and implement "holds" on data that must be preserved for litigation or regulatory purposes
  11. Establish parameters for termination of the contract for breach
  12. Put in place a procedure to ensure the deletion of confidential and personal information at the end of the contract

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions