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
$111.78
Apple Inc.
-0.87
MSFT
$47.66
Microsoft Corpora
+0.14
GOOG
$516.35
Google Inc.
+5.25

MacTech Search:
Community Search:

Software Updates via MacUpdate

calibre 2.13 - Complete e-library manage...
Calibre is a complete e-book library manager. Organize your collection, convert your books to multiple formats, and sync with all of your devices. Let Calibre be your multi-tasking digital librarian... Read more
Mellel 3.3.7 - Powerful word processor w...
Mellel is the leading word processor for OS X and has been widely considered the industry standard since its inception. Mellel focuses on writers and scholars for technical writing and multilingual... Read more
ScreenFlow 5.0.1 - Create screen recordi...
Save 10% with the exclusive MacUpdate coupon code: AFMacUpdate10 Buy now! ScreenFlow is powerful, easy-to-use screencasting software for the Mac. With ScreenFlow you can record the contents of your... Read more
Simon 4.0 - Monitor changes and crashes...
Simon monitors websites and alerts you of crashes and changes. Select pages to monitor, choose your alert options, and customize your settings. Simon does the rest. Keep a watchful eye on your... Read more
BBEdit 11.0.2 - Powerful text and HTML e...
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
ExpanDrive 4.2.1 - Access cloud storage...
ExpanDrive builds cloud storage in every application, acts just like a USB drive plugged into your Mac. With ExpanDrive, you can securely access any remote file server directly from the Finder or... Read more
Adobe After Effects CC 2014 13.2 - Creat...
After Effects CC 2014 is available as part of Adobe Creative Cloud for as little as $19.99/month (or $9.99/month if you're a previous After Effects customer). After Effects CS6 is still available... Read more
Evernote 6.0.5 - Create searchable notes...
Evernote allows you to easily capture information in any environment using whatever device or platform you find most convenient, and makes this information accessible and searchable at anytime, from... Read more
Command-C 1.1.7 - 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
Tidy Up 4.0.2 - Find duplicate files and...
Tidy Up is a complete duplicate finder and disk-tidiness utility. With Tidy Up you can search for duplicate files and packages by the owner application, content, type, creator, extension, time... Read more

Latest Forum Discussions

See All

Make your own Tribez Figures (and More)...
Make your own Tribez Figures (and More) with Toyze Posted by Jessica Fisher on December 19th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
So Many Holiday iOS Sales Oh My Goodness...
The holiday season is in full-swing, which means a whole lot of iOS apps and games are going on sale. A bunch already have, in fact. Naturally this means we’re putting together a hand-picked list of the best discounts and sales we can find in order... | Read more »
It’s Bird vs. Bird in the New PvP Mode f...
It’s Bird vs. Bird in the New PvP Mode for Angry Birds Epic Posted by Jessica Fisher on December 19th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »
Telltale Games and Mojang Announce Minec...
Telltale Games and Mojang Announce Minecraft: Story Mode – A Telltale Games Series Posted by Jessica Fisher on December 19th, 2014 [ permalink ] | Read more »
WarChest and Splash Damage Annouce Their...
WarChest and Splash Damage Annouce Their New Game: Tempo Posted by Jessica Fisher on December 19th, 2014 [ permalink ] WarChest Ltd and Splash Damage Ltd are teaming up again to work | Read more »
BulkyPix Celebrates its 6th Anniversary...
BulkyPix Celebrates its 6th Anniversary with a Bunch of Free Games Posted by Jessica Fisher on December 19th, 2014 [ permalink ] BulkyPix has | Read more »
Indulge in Japanese cuisine in Cooking F...
Indulge in Japanese cuisine in Cooking Fever’s new sushi-themed update Posted by Simon Reed on December 19th, 2014 [ permalink ] Lithuanian developer Nordcurrent has yet again updated its restaurant simulat | Read more »
Badland Daydream Level Pack Arrives to C...
Badland Daydream Level Pack Arrives to Celebrate 20 Million Downloads Posted by Ellis Spice on December 19th, 2014 [ permalink ] | Read more »
Far Cry 4, Assassin’s Creed Unity, Desti...
Far Cry 4, Assassin’s Creed Unity, Destiny, and Beyond – AppSpy Takes a Look at AAA Companion Apps Posted by Rob Rich on December 19th, 2014 [ permalink ] These day | Read more »
A Bunch of Halfbrick Games Are Going Fre...
A Bunch of Halfbrick Games Are Going Free for the Holidays Posted by Ellis Spice on December 19th, 2014 [ permalink ] Universal App - Designed for iPhone and iPad | Read more »

Price Scanner via MacPrices.net

The Apple Store offering free next-day shippi...
The Apple Store is now offering free next-day shipping on all in stock items if ordered before 12/23/14 at 10:00am PT. Local store pickup is also available within an hour of ordering for any in stock... Read more
It’s 1992 Again At Sony Pictures, Except For...
Techcrunch’s John Biggs interviewed a Sony Pictures Entertainment (SPE) employee, who quite understandably wished to remain anonymous, regarding post-hack conditions in SPE’s L.A office, explaining “... Read more
Holiday sales this weekend: MacBook Pros for...
 B&H Photo has new MacBook Pros on sale for up to $300 off MSRP as part of their Holiday pricing. Shipping is free, and B&H charges NY sales tax only: - 15″ 2.2GHz Retina MacBook Pro: $1699... Read more
Holiday sales this weekend: MacBook Airs for...
B&H Photo has 2014 MacBook Airs on sale for up to $120 off MSRP, for a limited time, for the Thanksgiving/Christmas Holiday shopping season. Shipping is free, and B&H charges NY sales tax... Read more
Holiday sales this weekend: iMacs for up to $...
B&H Photo has 21″ and 27″ iMacs on sale for up to $200 off MSRP including free shipping plus NY sales tax only. B&H will also include a free copy of Parallels Desktop software: - 21″ 1.4GHz... Read more
Holiday sales this weekend: Mac minis availab...
B&H Photo has new 2014 Mac minis on sale for up to $80 off MSRP. Shipping is free, and B&H charges NY sales tax only: - 1.4GHz Mac mini: $459 $40 off MSRP - 2.6GHz Mac mini: $629 $70 off MSRP... Read more
Holiday sales this weekend: Mac Pros for up t...
B&H Photo has Mac Pros on sale for up to $500 off MSRP. Shipping is free, and B&H charges sales tax in NY only: - 3.7GHz 4-core Mac Pro: $2599, $400 off MSRP - 3.5GHz 6-core Mac Pro: $3499, $... Read more
Save up to $400 on MacBooks with Apple Certif...
The Apple Store has Apple Certified Refurbished 2014 MacBook Pros and MacBook Airs available for up to $400 off the cost of new models. An Apple one-year warranty is included with each model, and... Read more
Save up to $300 on Macs, $30 on iPads with Ap...
Purchase a new Mac or iPad at The Apple Store for Education and take up to $300 off MSRP. All teachers, students, and staff of any educational institution qualify for the discount. Shipping is free,... Read more
iOS and Android OS Targeted by Man-in-the-Mid...
Cloud services security provider Akamai Technologies, Inc. has released, through the company’s Prolexic Security Engineering & Research Team (PLXsert), a new cybersecurity threat advisory. The... Read more

Jobs Board

Project Manager, *Apple* Financial Services...
**Job Summary** Apple Financial Services (AFS) offers consumers, businesses and educational institutions ways to finance Apple purchases. We work with national and Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the 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
*Apple* Retail - Multiple Positions (US) - A...
Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, you're also the Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.