For borderless Cloud Computing between Europe and Brazil

Cloud computing has to be placed within an international context if the existing barriers for trading services traded over boundaries are to be overcome. Today the most pressing issues are data privacy and security, cybercrime, and data portability.  The challenges posed by these areas have to be met in order to maximise the potential of the Cloud across borders and keep countries at the cutting-edge of ICT.

Nicola Franchetto (ICT Legal Consulting and CloudWATCH2 partner), who joined several panels at Cloudscape Brazil, believes that for the concrete development of the digital economy through cloud computing and related technologies, Brazil needs to create a legal framework for data access and processing. In addition, it is important to provide SMEs and start-ups, from both Europe and Brazil with advice on legal aspects, and namely, SLAs and price transparency. 



Currently no national law for data protection exists in Brazil. The European GDPR, the General Data Protection Regulation, could be taken as an example for the drafting of this new Bill and Europe is willing to assist Brazil in this matter. Brazilian and European SMEs can already find guidelines on the CloudWATCH2 website when moving to different markets and countries. The European DPSP Cluster could also help Brazil on this.


“There is a need for a common legal framework between Brazil and Europe and a new Bill on data protection in Brazil could provide an opportunity for harmonization, with a special focus on data portability. It is time for a common legal framework between the two regions” commented Nicola


Mr. Franchetto was also interviewed by the EUBrasilCloudFORUM, where he provided further insight on GDPR, the free flow of data and on which aspects Brazil could improve its Data Protection Regulation.


For more information on how the Brazilian Data Protection Regulation could be aligned with the European GPDR, please check the Position Paper submitted by Mr. Franchetto for Cloudscape Brazil, entitled “The alignment of Brazilian Bill no. 5276 with the European GDPR”.