Cloud services for storing digital documents. Legal framework and existing risks

Abstract

The article analyzes the current situation concerning the storage and management of electronic documents and the creation of the associated cloud services. The paper gives a definition of the cloud storage. It considers the legislative framework formed in the European Union regarding the use of cloud computing for digital records management and storage of digital documents; the article also names the main legal acts, standards and other normative documents adopted in Europe in recent years. It is noted that at present there is no common policy among the European countries on these issues, the decisions they make are often fragmentary. In some countries, the cloud storage legislation has not been developed yet, and consumer protection in the cloud computing market is implemented through data protection and digital rights legislation. Risks associated with the creation and storage of digital documents in cloud systems and the required level of control over the creation, organization, maintenance and access to documents stored in the cloud are described and analyzed in detail. Potential risks should be assessed both on the basis of the content or subject matter of information and documentation, and the level of their confidentiality and significance for the organization’s activities. The rights and obligations of the cloud service providers are discussed. Attention is focused on the still unresolved issues of proof of the authenticity, reliability, security, confidentiality of the documents stored in the cloud.