Before launching your operation into the cloud, addressing the legal risks and regulatory compliance must be a first step.
This was the word of caution from Gerrie van Gaalen, Director of De Klerk & Van Gend, and speaker at the upcoming ITWeb Cloud Summit 2017.
Van Gaalen's extensive knowledge and experience in the areas of ICT, eCommerce, communications, IT forensics, law and risk management make him ideally qualified to speak about the importance of compliance by design (CBD).
Accounting for CBD will help minimise unnecessary development costs and possible legal issues that may crop up as a result of non-compliance.
"Knowing your client and understanding the legal relationship between you and the parties joining your services and addressing this timeously in an appropriate manner is a crucial first step.
"Furthermore you need to look at what information should be disclosed to users of your services and what general laws apply in terms of electronic transactions. Proper attention to the legal aspects of engagement with third party services providers such as payment gateways and disclosures will limit your liability," says van Gaalen.
Once you have identified your company's risks and its obligations for compliance when using third party services or products, the technology provider should be alerted to build this into the platform during the development phase.
Data protection legislation needs to be interpreted and put into practice as an integral part of your service. You will also need to consider how you will protect your intellectual property.
There may be insurance issues associated with a third party making its services or products available via your organisation's technology.
"It's not just about cloud and technology. You need to understand the laws that apply to the industry your business operates in," van Gaalen concludes.
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