Unseen business risks can cripple data centers and their owners
TweetFollow Us on Twitter

Unseen business risks can cripple data centers and their owners

Two major "unseen" risks threaten businesses that use data centers -- the "data factories" that power "the Cloud," the government and every major business. A peer group of senior data center professionals last week discovered that these major risk factors are often not considered until after a data centre has been built -- in a sub-optimal country, with very serious adverse implications.

This was one of the major surprise findings when 70 C-level executives -- between them responsible for tens of thousands of data centers around the globe -- met together with legal and tax specialists to pool expertise on the risks that face multinational companies from the design, location and operation of these business-critical systems.
 
Nicola Hayes, managing director of research analysts DCD Intelligence -- which planned the event based on their recent research findings -- said, data centers now operate just about everything we do -- from running our offices factories and businesses, online shopping and email, Facebook, Twitter, to banking and airline bookings.
 
"Historically, data centers have been built by technologists to minimize the risk of technical failure," Hayes added. " But now that the data center is such an integral part of most businesses -- it transpires that there are massive potential risks at the commercial and legislative levels that are being largely ignored -- with potentially business-crippling consequences."
 
He added that "two of our expert speakers explained just how damaging two rarely-considered types of risk can be to a business: the tax regime and the data privacy laws in the jurisdiction where the data centre is to be built."
 
According to Joe Bollard, Ernst and Young’s partner, international tax services; tax laws around the world have not caught up with online age. In many ways they are still in the age of the horse and cart.
 
"Governments are fearful that they are losing tax revenues as business and e-commerce is processed and transacted in data centers which might be the other side of the world from the customer and the supplier," he says. "As a result they are scrabbling to grab their fair share (or, in the eyes of some taxpayers, more than their fair share) of tax on these billions of online business operations."
 
Bollard went on to explain that failure to consider the location of a data centre from a tax perspective can lead both the owner and the users of that data center to face tax bills 20% to 40% higher than the business had expected. Unwitting companies can even find themselves subject  to double or triple taxation being levied by multiple countries through failing to perform due diligence on the tax implications of that data centre’s location.
 
"A business could find itself at a significant competitive disadvantage or yielding net losses if it only finds out that it has let itself in for these levels of taxation after building and opening a multi-million pound new data centre," says Bollard. "My message to all CIOs is: work with your CFO or tax advisor at the earliest planning stage to make sure that you don’t fall into this potential minefield."

A second major risk, rarely considered until it’s too late, was identified by Ruth Boardman, partner for international privacy and data protection with Bird and Bird. In some jurisdictions, private data can be anything as simple as the information on a business card, she explained. She added that, in fact, anything where the information can be directly or indirectly linked to an individual human, so it can cover the majority of data.”
 
"If a company fails to do due diligence on data privacy legislation in the countries in which it is considering building its new data center(s) it may find -- as some companies already have -- that it is illegal to transfer personal data to that datacentre or indeed back from the data center to the head office -- because that foreign government does not permit it," Boardman says. She further explained that most countries have or are implementing data privacy legislation -- but the details differ significantly from country to country and even between states within countries. 

"This can often lead to the laws of the businesses operating country and the data center country being mutually exclusive," she adds.
 
Boardman cited the example where EU law demands protection for personal data whilst, should the data centre be operated by an organization with USA presence, legislation linked to the US Patriot Act can allow US agencies access to data – including data not kept in the USA. Clearly it may be impossible for a company to comply with both laws.
 
"The penalties in some countries are draconian." Boardman warned.  "In extremis individuals rather than corporations can be held liable."

To demonstrate this she recalled the case in 2011 of three Google executives who were personally prosecuted and convicted for a corporate breach of Italy’s data privacy laws. The convictions were overturned on appeal, but it highlights the risks involved.
 
Summing up, DCD Intelligence’s Nicola Hayes said, data centers are no longer just big lumps of technology, they are a key enabler of every business-- equivalent to factories -- and companies need to do the same due diligence they would when considering building a new factory to understand and mitigate risks. Failure to do so can leave the entire business at risk from massive tax bills through to criminal prosecutions.
 
"No longer can the planning of data centre strategy be left to the technologists," Hayes adds. "Today’s CIO and the board must be fully involved in data centre planning.”
 
The next in this series of C-Level seminars on "Leveraging International Data Center Portfolios for Strategic Advantage" will be held in New York  later this year. To register your interest email info@dcd-intelligence.com .

 
AAPL
$102.99
Apple Inc.
+0.52
MSFT
$44.38
Microsoft Corpora
-0.50
GOOG
$532.71
Google Inc.
+6.17

MacTech Search:
Community Search:

Software Updates via MacUpdate

OmniOutliner 4.1.3 - Organize your ideas...
OmniOutliner is a flexible program for creating, collecting, and organizing information. Give your creativity a kick start by using an application that's actually designed to help you think. It's... Read more
BBEdit 11.0 - Powerful text and HTML edi...
BBEdit is the leading professional HTML and text editor for the Mac. Specifically crafted in response to the needs of Web authors and software developers, this award-winning product provides a... Read more
Apple Security Update 2014-005 - For OS...
Apple Security Update is recommended for all users and improves the security of Mac OS X. For information on the security content of this update, please visit this website: http://support.apple.com/... Read more
EyeTV 3.6.6 - Watch and record TV on you...
EyeTV brings a rich TV experience to your Mac. Watch live TV on your Mac. Pause, rewind, and record whenever you want. EyeTV gives you powerful control over what you watch and how you watch it. Put... Read more
RapidWeaver 6.0 - Create template-based...
RapidWeaver is a next-generation Web design application to help you easily create professional-looking Web sites in minutes. No knowledge of complex code is required, RapidWeaver will take care of... Read more
NTFS 12.0.39 - Provides full read and wr...
Paragon NTFS breaks down the barriers between Windows and OS X. Paragon NTFS effectively solves the communication problems between the Mac system and NTFS, providing full read and write access to... Read more
RestoreMeNot 2.0.3 - Disable window rest...
RestoreMeNot provides a simple way to disable the window restoration for individual applications so that you can fine-tune this behavior to suit your needs. Please note that RestoreMeNot is designed... Read more
Command-C 1.1.5 - Clipboard sharing tool...
Command-C is a revolutionary app which makes easy to share your clipboard between iOS and OS X using your local WiFi network, even if the app is not currently opened. Copy anything (text, pictures,... Read more
Macgo Blu-ray Player 2.10.9.1750 - Blu-r...
Macgo Mac Blu-ray Player can bring you the most unforgettable Blu-ray experience on your Mac. Overview Macgo Mac Blu-ray Player can satisfy just about every need you could possibly have in a Blu-ray... Read more
Apple iOS 8.1 - The latest version of Ap...
The latest version of iOS can be downloaded through iTunes. Apple iOS 8 comes with big updates to apps you use every day, like Messages and Photos. A whole new way to share content with your family.... Read more

Latest Forum Discussions

See All

TinType by Hipstamatic (Photography)
TinType by Hipstamatic 1.0 Device: iOS iPhone Category: Photography Price: $.99, Version: 1.0 (iTunes) Description: Create hauntingly beautiful, soul capturing portraits with TinType by Hipstamatic. Inspired by daguerreotypes,... | Read more »
The Latest Update for Heroes of Dragon A...
The Latest Update for Heroes of Dragon Age Introduces Daily PvE Challenges Posted by Ellis Spice on October 22nd, 2014 [ permalink ] | Read more »
A New Trailer has Been Revealed for Epic...
A New Trailer has Been Revealed for Epic of Kings Posted by Jessica Fisher on October 22nd, 2014 [ permalink ] Dead Mage Inc. has released a new, action-packed trailer for the upcoming Epic of Kings. | Read more »
Find the Line Review
Find the Line Review By Campbell Bird on October 22nd, 2014 Our Rating: :: INSLIDE THE LINESUniversal App - Designed for iPhone and iPad Tease out beautiful line drawings in this unique, free-to-play puzzle game.   | Read more »
The Silent Age Episode 2 Review
The Silent Age Episode 2 Review By Jennifer Allen on October 22nd, 2014 Our Rating: :: ROUNDING THINGS OFF NICELYUniversal App - Designed for iPhone and iPad Rounding off a great point and click adventure comes The Silent Age... | Read more »
Craft Your Own Mini-Games with Papercade
Craft Your Own Mini-Games with Papercade Posted by Jessica Fisher on October 22nd, 2014 [ permalink ] iPad Only App - Designed for the iPad Scrapbookers move over, Scrapgaming is the new thing. | Read more »
Reshape Review
Reshape Review By Jennifer Allen on October 22nd, 2014 Our Rating: :: SIMPLE SHAPESUniversal App - Designed for iPhone and iPad Match triangles together to form cubes in this fast-paced and twitchy game.   | Read more »
Miika (Games)
Miika 1.0.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0.0 (iTunes) Description: Miika is a beautiful 3D puzzle game based on camera perspectives combined with the use of optical illusions. Miika challenges... | Read more »
Infuse Pro (Photography)
Infuse Pro 3.0 Device: iOS Universal Category: Photography Price: $9.99, Version: 3.0 (iTunes) Description: ** All-new version 3 includes fully licensed and certified DTS® and DTS-HD® audio! ** | Read more »
Swap Heroes (Games)
Swap Heroes 1.0 Device: iOS Universal Category: Games Price: $.99, Version: 1.0 (iTunes) Description: **Half price for a limited time only** Swap Heroes is a casual turn-based strategy adventure. Form a group of heroes and guide them... | Read more »

Price Scanner via MacPrices.net

Save with Best Buy’s College Student Deals
Take an additional $50 off all MacBooks and iMacs at Best Buy Online with their College Students Deals Savings, valid through November 1st. Anyone with a valid .EDU email address can take advantage... Read more
iPad Air 2 & iPad mini 3 Best Tablets Yet...
The new iPads turned out to be pretty much everything I’d been hoping for and more than I’d expected.”More” particularly in terms of a drinking-from-a-firehose choice of models and configurations,... Read more
Drafts 4 Reinvents iOS Productivity App
N Richland Hills, Texas based Agile Tortoise has announced the release of Drafts 4 for iPhone and iPad. Drafts is a quick capture note taking app with flexible output actions. Drafts 4 scales from... Read more
AT&T accepting preorders for new iPads fo...
AT&T Wireless is accepting preorders for the new iPad Air 2 and iPad mini 3, cellular models, for $100 off MSRP with a 2-year service agreement: - 16GB iPad Air 2 WiFi + Cellular: $529.99 - 64GB... Read more
Apple offering refurbished Mac Pros for up to...
The Apple Store is offering Apple Certified Refurbished 2013 Mac Pros for up to $600 off the cost of new models. An Apple one-year warranty is included with each Mac Pro, and shipping is free. The... Read more
Select MacBook Airs $100 off MSRP, free shipp...
B&H Photo has 2014 a couple of MacBook Airs on sale for $100 off MSRP. Shipping is free, and B&H charges NY sales tax only. They also include free copies of Parallels Desktop and LoJack for... Read more
13-inch 2.5GHz MacBook Pro on sale for $100 o...
B&H Photo has the 13″ 2.5GHz MacBook Pro on sale for $999.99 including free shipping plus NY sales tax only. Their price is $100 off MSRP. Read more
Strong iPhone, Mac And App Store Sales Drive...
Apple on Monday announced financial results for its fiscal 2014 fourth quarter ended September 27, 2014. The Company posted quarterly revenue of $42.1 billion and quarterly net profit of $8.5 billion... Read more
Apple Posts How-To For OS X Recovery
OS X 10.7 Lion and later include OS X Recovery. This feature includes all of the tools you need to reinstall OS X, repair your disk, and even restore from a Time Machine backup. OS X Recovery... Read more
Mac OS X Versions (Builds) Supported By Vario...
Apple Support has posted a handy resource explaining which Mac OS X versions (builds) originally shipped with or are available for your computer via retail discs, downloads, or Software Update. Apple... Read more

Jobs Board

Senior Event Manager, *Apple* Retail Market...
…This senior level position is responsible for leading and imagining the Apple Retail Team's global event strategy. Delivering an overarching brand story; in-store, Read more
*Apple* Solutions Consultant (ASC) - Apple (...
**Job Summary** The ASC is an Apple employee who serves as an Apple brand ambassador and influencer in a Reseller's store. The ASC's role is to grow Apple Read more
Project Manager / Business Analyst, WW *Appl...
…a senior project manager / business analyst to work within our Worldwide Apple Fulfillment Operations and the Business Process Re-engineering team. This role will work Read more
*Apple* Retail - Multiple Positions (US) - A...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
Position Opening at *Apple* - Apple (United...
…customers purchase our products, you're the one who helps them get more out of their new Apple technology. Your day in the Apple Store is filled with a range of Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.