In recent years, “The Cloud” has become a buzzword ubiquitous in many industries. It has become a kind of typing line: it sometimes seems like the cloud is everything and no one can explain it correctly, and from time to time. Then, an average executive complicates the situation by referring to the “cloud” in a totally ignorant way, as if it were a box containing something that you throw into your desktop computer like fairy dust.
For us all, the benefits of cloud storage for large and complex document sets are clear – but the risks are often ignored or misunderstood, particularly the risks associated with an e-discovery command. Before linking the future security and financial health of your business to a cloud storage provider, consider the following potential risks.
Risk 1: Slow production
How will your chosen cloud storage provider manage an order to generate a large volume of documents from your account? Of course, most companies try to comply themselves with discovery orders, but if your storage provider is unprepared and slow to respond to your requests, you run the risk of an impatient judge directly to the supplier, cutting you off for the intermediary account. -man. Many poorly equipped storage providers for discovery productions will simply dump their documents regardless of privilege or confidentiality, simply to get rid of justice.
Risk 2: Failure to produce
Faced with an e-discovery order, you take your responsibilities very seriously, without a doubt. Is your storage provider? If your supplier is not able to quickly comply with complex production orders covering a wide range of documents, you may face delays – and the court will probably not accept that you blame the vendor for an excuse. This may result in fines and other disciplinary measures.
Risk 3: Complex Possession Chains
Finally, when you upload your sensitive data to a cloud server, you can potentially lose control of who owns copies of which files. This is especially true when a vendor is not able to handle a large electronic discovery process – and multiple copies of files are delivered to multiple locations as they require a poorly trained “help” to get things done.