Legal Status of Cloud Provider Kozhevnikova Yuliana Unesco Chair on copyright Institute of Legal Regulation Higher School of Economics, Moscow,

Higher School of Economics, Moscow, 2012 photo Russia: (2012) there were seven powerful government data centers organized in Russia in July, providing with several cloud services on their basis, the Concept of a unified information system of the industry and healthcare modernization programs for was passed, this Concept is built on cloud models and other patterns.

Программная инженерия Higher School of Economics, Moscow, 2012 Russian Federal Law of N 149-FZ “On information, information technology and data protection” defines the legal status of two subjects: information owner and operator of the information system. Unlike the operator of the information system within its traditional meaning, cloud provider is the intermediary between users and resources, and, as a rule, does not have direct access to the information that is processed by the user of the cloud. As a general rule, the task of cloud provider is to provide the resources (hardware and software) for the user’s self’- processing. – HOSTING provider?

Cloud Provider = Operator of the Information System? photo in accordance with Art. 29 of the Federal Law of , № 126-FZ "On communication" and the Decree of the Government of the Russian Federation of № 87 "On approval of the list of communication services to be made in the license, and lists of license conditions activity of cloud providers can be recognized as a licensed activity to provide telematic services.

Higher School of Economics, Moscow, 2012 photo In accordance with section 16 of the list of licensing conditions, approved by the Government of the Russian Federation of № 87, a communications operator, providing telematic services, should provide the subscriber (user): a) access to the network for the licensee; b) access to information systems, information and telecommunication networks, including the Internet; c) receiving and sending s telematics. Cloud Provider = Hosting Provider?

photo Russian legislation stipulates the provisions about administrative and criminal liability, which may be applied in the cases of helding the cloud providers liable. In accordance with Part (clause, point) 2 of Art of the Code of Administrative Offences doing business without a special permit (license), if such a permit (license) is required (mandatory), entails an administrative fine or sometimes confiscation. According to the Art. 171 of the Criminal Code of the Russian Federation, doing business without a license in cases where such a license is required, if this business has caused great damage to individuals, organizations or to the state or such business is connected with receiving a great income - shall be also punishable.

Higher School of Economics, Moscow, 2012 photo On the 1 (first) of July, 2012 the European Commission Working Group, in accordance with Art. 29 of Directive 95/46/EC (Article 29 Data Protection Working Party), issued a formal Opinion 05/2012 on cloud technologies (Opinion 05/2012 on Cloud Computing), which emphasizes the responsibility of the cloud provider, specifying that he is responsible for the selection of sub-cloud provider and operator, providing technical functioning of the system, whose activity shall be carried out in compliance with the EU legislation. Cloud Provider = Operator of the Information System/Hosting Provider?

Data protection photo The Federal Law of № 152- FZ "On Personal Data" (Law № 152- FZ). Some bylaws (for example, the Regulation on the methods and ways to protect the information in the information systems of personal data, approved by the order FSTEC from № 58) often establish the requirements contradicting with the provisions of the Law № 152-FZ, stipulating that conformity assessment or certification of equipment shall be carried out only by Russian authorities and organizations.

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