In the abundance of data and digital applications, many organizations have already made a (partial) cloud migration. However, both the requirements of organizations and the cloud providers' services are constantly changing. This is why the change from one cloud to another can bring various benefits, such as cost reductions and efficiency increases. Our experts Hans Gaiser and Amiruddin Ansari have summarized the most important aspects here, so that the migration to a new cloud platform is data protection compliant, legally sound and technically feasible.
Cloudification in 2023 is becoming a commodity. Lots of applications, systems and environments are already cloudified. Therefore the next logical step in more and more companies is to move from an existing cloud into a new cloud solution, especially to one of the big 3 cloud service providers. In 2021 the market share was:
1 aws (Amazon) ~32%,
2. azure (Microsoft) ~20% and
3. GCP (Google) ~9% of the global cloud market.
Moving from one cloud to another can be a daunting task, especially when sensitive data is involved. There are a variety of considerations that organizations must take into account when migrating their data from one cloud platform to another. This article discusses the most important aspects from the perspective of data protection, law and technology.
To do so a lot of things have to be proven before the actual move of the cloud can be done. Detecon defined a framework for checking the legal/data protection and technical elements to avoid pitfalls and costs due to restrictions kicking back during or after the migration.
Data protection
One of the most important aspects when migrating data is data protection. Businesses need to ensure they comply with privacy laws and regulations, especially when it comes to personal information. Some of the most important aspects that companies should consider when migrating data are:
1. Security: Organizations need to ensure that the security measures implemented in the new cloud platform meet the needs of the business. The security measures should be at least as secure as the previous cloud platform.
2. Data Encryption: Organizations should ensure data is encrypted during migration to ensure data is secure especially in transit.
3. Data Protection Agreements: Businesses should ensure that they enter into data protection agreements with the new cloud platform to ensure data is treated in accordance with data protection regulations.
4. Access Control: Organizations need to ensure that access to the data in the new cloud platform is restricted to authorized individuals.
5. Data Residency: When migrating to a new cloud platform, organizations should consider the location of the data centers where their data will be stored. Depending on the country where the data center is located, there may be different data protection laws and regulations that apply. Organizations should ensure that the new cloud platform is compliant with the relevant data protection laws in their jurisdiction.
6. Data Backup and Recovery: Organizations should ensure that there are appropriate backup and recovery mechanisms in place to protect their data during the migration process. This can help to ensure that data is not lost or corrupted during the migration, and can also provide a fallback option in case of any unforeseen issues.
7. Data Retention: Organizations should consider how long they need to retain their data and ensure that the new cloud platform provides appropriate data retention policies. This can help to ensure compliance with data protection regulations, as well as ensure that the organization has access to historical data as needed.
8. Data Portability: Organizations should ensure that they have the ability to move their data out of the new cloud platform if needed. This can help to ensure that the organization is not locked into a particular cloud provider and can switch providers if necessary.
Legal Aspects
There are many legal aspects to consider when migrating data from one cloud platform to another. Here are some of the most important:
1. Terms of Contract: Organizations need to ensure they fully understand the terms of the contract of the new cloud platform and what their responsibilities and obligations are.
2. Legislation: Businesses need to ensure they comply with legal requirements and regulations relating to the protection of personal data and other data. In Germany especially the Fernmeldegeheimnis (privacy/secrecy of telecommunications) comes into the game.
3. Compliance: Organizations must ensure they meet the compliance requirements of the new cloud platform. It is important to verify that the new cloud platform meets industry-specific compliance requirements. Often large Telcos have an internal security governance which has to be considered.
4. Data Ownership: Organizations need to ensure that they retain ownership of their data when migrating to a new cloud platform. This can help to ensure that the organization retains control over its data and can access it as needed.
5. Data Protection Agreements: Organizations should enter into data protection agreements with the new cloud platform to ensure that their data is treated in accordance with data protection regulations. These agreements should cover how the data will be processed, stored, and protected.
6. Jurisdiction: Organizations need to consider the jurisdiction where the new cloud platform is located, as this can impact data protection regulations and laws. Depending on the jurisdiction, organizations may need to comply with additional requirements to ensure that their data is protected.
7. Data Breach Notification: Organizations should ensure that the new cloud platform has appropriate data breach notification procedures in place. This can help to ensure that the organization is notified in a timely manner if there is a data breach, which can help to minimize the impact of the breach.
8. Exit Strategy: Organizations should have an exit strategy in place in case they need to migrate from the new cloud platform in the future. This can help to ensure that the organization has a plan in place to minimize disruption if it needs to switch to a different cloud provider.
Technical aspects
Technical aspects are also important when migrating data from one cloud platform to another. Here are some important aspects that companies should consider:
1. Compatibility: Organizations need to ensure that the applications and systems to run on the new cloud platform are compatible with the platform. Upgrading of apps and systems can be an important aspect. For example does the database work in the new environment ?
2. Data Transfer and Linking: Organizations need to ensure that data is transferred from the old cloud platform to the new cloud platform in a secure and efficient manner. What is a about the landing platform ? For sure some redirects are needed.
3. Testing: Organizations should ensure they conduct testing to ensure all applications and systems are working properly before fully transitioning to the new cloud solution.
4. Scalability: Organizations should ensure that the new cloud platform is scalable and can accommodate the organization's future growth needs. This can help to ensure that the organization can continue to use the platform as it grows and evolves.
5. Performance: Organizations should ensure that the new cloud platform provides the required performance levels for the organization's applications and systems. This can help to ensure that the organization's operations are not negatively impacted by the migration.
6. Data Integrity: Organizations should ensure that the data transferred from the old cloud platform to the new cloud platform is complete and accurate. This can help to ensure that the organization can continue to use the data for its operations without any issues.
7. Disaster Recovery: Organizations should ensure that the new cloud platform has appropriate disaster recovery mechanisms in place to protect their data in case of an unexpected event such as a natural disaster or cyberattack.
8. Monitoring and Management: Organizations should ensure that they have appropriate monitoring and management tools in place to manage the new cloud platform effectively. This can help to ensure that the organization can identify and address any issues that arise as quickly as possible.
More to consider
There are other factors that organizations should take into account when migrating to a new cloud solution. One such factor is the cost of migration. Depending on the size of the organization and the complexity of its existing infrastructure, migrating to a new cloud solution can be a costly process. It's important to conduct a cost-benefit analysis and determine whether the potential benefits of migrating to a new cloud solution outweigh the costs.
Another factor to consider is the availability of skilled personnel to manage the new cloud solution. Moving to a new cloud service provider may require a different set of skills than those required for the organization's existing cloud solution. It's important to ensure that the organization has access to the necessary expertise to manage and maintain the new cloud solution effectively. This could involve hiring new staff or providing training to existing employees.
It's also important to consider the potential impact of the migration on the organization's operations. Depending on the complexity of the existing infrastructure, the migration process could cause disruptions to day-to-day operations. Organizations should have a plan in place to minimize any potential downtime and ensure that critical systems and applications are up and running as quickly as possible.
By taking all of these factors into account, organizations can make informed decisions about whether and how to migrate to a new cloud solution. A well-planned and well-executed migration can provide significant benefits, such as improved scalability and flexibility, reduced costs, and increased data security.
Summary
Migrating from on prem or cloud services provide to another can be a complex process that requires careful consideration of data protection, legal, and technical aspects. By following a comprehensive framework, organizations can ensure that they migrate to a new cloud platform in a way that is compliant with data protection regulations, legally sound, and technically viable.
Key considerations include ensuring data security, encrypting data during migration, entering into data protection agreements with the new cloud platform, restricting access to authorized individuals, and verifying compliance with industry-specific regulations. Additionally, organizations should consider the cost of migration, the availability of skilled personnel to manage the new cloud solution, the potential impact on operations, and the scalability and performance of the new cloud platform.
By considering all of these aspects, organizations can make informed decisions about whether and how to migrate to a new cloud solution. With the right planning and execution, a successful migration can provide significant benefits, such as improved scalability and flexibility, reduced costs, and increased data security.
