interact with each other via the cloud. In an adjusted
manner the approval of the binding corporate rules
given by one organization is also enriched with
expansion coverage power over all national
authorities in the light of the Directive proposal.
After a successful application of binding
corporate rules at the level of controllers, the Article
29 Data Protection Working Party advanced to
another level by adopting in June 2012 a working
document on binding corporate rules for processors,
both companies and data protection authorities. BCR
are viewed as “internal rules applicable to entities of
a multinational company and contain key principles
legally covering the transfers of personal data coming
from the European Union”. They are regarded as an
alternative to the Safe Harbor Principles and the
European Commission’s Standard Contractual
Clauses. When transcended at the level of processors,
binding corporate rules should be able to provide
clients with the security and privacy of their data
under European Union data protection regulations.
The Article 29 Working Party’s working document
provides processors with a conditions checklist that
must be fulfilled for being granted their adequacy.
The A29 DPWP working paper also came as a
response to the industry’s numerous requests to move
the usage of binding corporate rules at the level of
processors, as well. There are also voices that demand
BCRs to be included for community cloud,
considering that there might be cases when
community members that belong to different
corporate groups might own similar interests. Even
though improvements at the level of binding
corporate rules are definitely a step forward, their
approval process remains a long and expensive
procedure under the current regulations. While
Member States grant approval based on diverse
conditions, there is still a range of Member States that
tends to remain on the safe side requesting an
individual approval for each transfer under an already
approved BCR.
If applied on a large scale, binding corporate rules
could solve one of the main issues implied by both
adequacy findings and Safe Harbor compliance –
their restrictive geographical reach. In a July 2012
paper on cloud computing adopted by the Article 29
Data Protection Working Party, the organization
states that companies that export data should act with
increased diligence and question the statement of the
data importer that it owns a Safe Harbor certification.
Also, cloud clients should verify that standard
contractual terms comply with national requirements
regarding contractual data processing. Within cloud
IoT the same policies could work to include
cryptography arbitration. Whereby a third party is
engaged to determine if the appropriate technical
considerations where conducted in the design and
architecture of the system. This would need to be
agreed up front and drafted in end user license
agreements, to provide the appropriate level of
protection. Further challenges would come in the
form of determining what type of organization would
be certified as a cryptography arbitrator and what
standards would be legally sound from a quality
perspective, rather than just technical forensic
solutions.
6 CONCLUSIONS
This paper has put forward the concept of
cryptography arbitration and the need for its inclusion
within designing cloud iot solutions. The research
itself requires much more analysis to bring the
concept out, such as increasing the survey question
and sample frame, looking at other legal and
cryptography aspects and other use cases. However
the paper has put forward the position of the need for
cryptography arbitration, and has looked at the
security and legal challenges, providing
recommendations to learn from lessons learned from
existing cloud security frameworks, and in using
existing legal frameworks, such as corporate binding
rules.
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