Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
What are the concerns surrounding the safety of lawyers’ data?
The concept of confidentiality is at the core of the solicitor-client relationship and protected as a concept in law and also through regulatory controls. This is dependent on lawyers’ data being secure. The challenge that many lawyers now face is the need to reconcile the safety of data, and the connection of this with confidentiality duties, with modern storage and communication methods which are increasingly computer-based rather than the paper-based. The use of electronic solutions means that there are a number of third parties with access to lawyers’ data and this increases risks to both the lawyers and their clients that data will not be secure or may become subject to the right of seizure from government agencies.
What are the particular concerns surrounding lawyers’ data posed by the rise of cloud computing and increased electronic transfer?
Cloud computing and electronic transfer methods place increased pressure on solicitors in respect of their duty to keep client matters confidential. The Solicitors Regulation Authority (SRA) is a risk-based regulator and has identified high impact risks in its Risk Regulatory Index and Risk Outlook documentation.
Outsourcing and the use of cloud computing and cloud providers were identified as high-level risks in the SRA Risk Outlook of Autumn 2013. While these are not prohibited activities, the SRA has said that it will expect law firms to manage the challenges that this creates in respect of the protection of client confidentiality.
The regulator published a regulatory guide, “Silver linings: Cloud computing, law firms and risk” in November 2013 to assist lawyers.
Suggestions for good practice include undertaking due diligence exercises on the service provider both before a contract is agreed and during the period of the agreement. In addition the SRA Code of Conduct specifies that the firm must enter into a contractual agreement with the provider to enable the SRA access to this third party to inspect data if necessary.
The cloud system must also comply with the
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234