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Published on December 20, 2021 AUTHOR - Privacy Research Team
The great cloud movement is not without its shortcomings. At one end of the spectrum, cloud migration has helped organizations overcome the age-old logistics issues and reduce operational overhead costs while adding scalability and continuous supply of horsepower for data computing and analysis at scale. On the other end, it has also given rise to many security and privacy threats that make it difficult for data management and governance teams to mitigate risks and meet compliance requirements.
The blog will touch upon the data management challenges that spawn during cloud migration, and how organizations can overcome these challenges and govern data efficiently by leveraging EDM Council’s new Cloud Data Management Capabilities (CDMC) framework.
Cloud is here to stay and grow for an unforeseeable future. In fact, statistics report that the cloud computing market size is expected to grow to $947.3 billion by 2026 at 16.3% CAGR.
Regardless of its immense market size and growing popularity, there are still many challenges that keep organizations from leveraging cloud computing’s innate potential. Take, for instance, the inherent security risks associated with the cloud.
According to a 2019’s cloud data security report, 56% out of 749 organizations cited security as one of the primary concerns behind slow cloud adoption. The concerns of such organizations are rightly placed as organizations move their massive volumes of sensitive data to the cloud, they open themselves up to security threats, such as malware attacks.
Similarly, when organizations migrate to the cloud, they must transfer some or part of their control over the data to the cloud service provider (CSP). This transfer of control creates further security risks, such as data leakage, and if left unattended, it may result in security breaches and attacks.
Lack of security measures, such as access control, is also a common challenge, especially for large-scale organizations that are planning to move to a multi-cloud environment. However, as part of the continuous compliance monitoring, organizations are often required to oversee where their sensitive data resides, who has access to it, and what they can do with their level of access. Non-compliance may put organizations in hot waters, attracting severe fines or penalties by data protection and privacy regulations like GDPR, HIPAA, PCI DSS, and CPRA, to name a few.
Seamless data sharing between legacy on-prem applications and multi-cloud applications is only possible with seamless integration. Interoperability can pose a great challenge for organizations moving to the cloud because of the inherent limitations in legacy applications, such as compatibility. Consequently, it creates an internal hesitation between teams because of the changing architecture and the reconfiguration of the applications to make that integration happen.
Apart from the challenges listed here, inefficient or slow cloud migration may also be the result of a lack of sound migration strategy, or it may also be associated with getting a new IT team on board that has the right skill set for cloud data management.
EDM Council is the leading association in the data privacy and security sphere that advocates the standardization and implementation of data management and best practices for tackling associated challenges.
With the contribution of hundreds of organizations, including Securiti, IBM, Google Cloud, and AWS, EDM Council’s new Cloud Data Management Capabilities (CDMC) framework addresses the cloud migration challenges and defines best practices.
CDMC framework establishes the 6 main pillars of best practices around managing data within the cloud, which are further divided into 14 level-2 controls that can help organizations efficiently operationalize data governance.
Let’s take a look at the following key controls for seamless cloud data migration and management.
Data assets should be at the core of an organization’s security posture because it is one of the top targets for cloud data breaches. The security and governance teams can’t protect an asset if they don’t know where it is, or it has been ignored which is something quite common when it comes to the unmanaged or shadow data assets spread across on-premise and the multi-cloud environment.
The path that leads to a robust security posture is having a controlled inventory of all the managed and unmanaged data assets, cataloged according to their residency, ownership, and lineage. A well-cataloged inventory of assets further allows security teams to define optimal security controls based on the sensitive data residing in those assets.
Lastly, organizations should shift to automation from the manual processes of listing inventories, fixing vulnerabilities, and monitoring security control sporadically. As threat actors are leveraging automated attacks for cyber breaches, it is high time for organizations to stay ahead of their foes by doing the same and embracing automated data asset discovery, cataloging, and security posture management.
The trio of data discovery, classification, and cataloging make the core parts of an organization’s data privacy and security strategies. Once an organization sifts through its on-prem and multi-cloud to find and catalog data assets, the next step is to look for the personally identifiable information (PII), including the sensitive personal information, stored on those data assets. An effective data discovery also takes into account the unstructured data that may live across spreadsheets, emails, etc.
Data discovery then leads to the data classification phase where all the sensitive data is then labeled according to its security and privacy labels. The security labels allow teams to make sure safe and authorized access to the data. The privacy labels enable the privacy teams to find the correct data and respond to data subjects' access requests, the right to be forgotten, the right to inform, the right to delete, and similar other data subject’s rights under regulations like GDPR and CPRA.
The data cataloging phase is where an organization creates an organized inventory of the data about the discovered and classified data (metadata), including tags, labels, or tables.
Data sovereignty and cross-border movement are governed by many global data protection regulations, mandating organizations to keep track of their cross-border data, place robust security measures, and ensure that the data transfer process meets judicial compliance.
To ensure all that, it is imperative to first understand where the sensitive, cross-border data resides, and what kind of sensitive data it is, such as medical, financial, etc. The further concerns include the type of jurisdictional regulations that apply to the data, such as CPRA or LGPD.
With a clear picture of the sensitive data in various cloud data systems, organizations must also govern access to this data. The data discovery, classification, and cataloging phases simplify most of the heavy lifting at this point of the phase. To further proceed with the access governance phase, organizations must first identify the business role associated with the data as it allows the governance team to better regulate and monitor users’ access to the data. Organizations must establish role-based access control, starting with least privilege access, to make sure that the data security and integrity remain intact.
Automate enforcement, such as encryption or data masking, wherever possible to further strengthen the security of data while allowing teams to share and use it in a secure manner.
Data processing is constantly changing. Traditional tools that are just a snapshot won’t truly operationalize a program in a scalable way long-term. Securiti delivers an AI-powered autonomous data governance framework that operationalizes at a granular level, allowing organizations to integrate with their existing on-prem or multi-cloud environments with native integration, discover shadow and managed data assets and the structured and unstructured data across those assets:
Request a demo to learn how you can operationalize the new CDMC framework with Securiti.
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Break Silos of Sensitive Data & Risk Understanding across Multicloud and self managed systems. Common grammar, policies and reporting
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Find data assets, and discover personal and sensitive data in structured and unstructured data systems, across on-premises and multi-cloud.
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Classify and label data to ensure appropriate security controls
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Securiti is a complete PrivacyOps Solution.
View all solutionsThe California Consumer Privacy Act (CCPA) was signed into law on June 28, 2018 and is scheduled to come into effect on January 01, 2020. Often compared to GDPR, CCPA protects consumers from mismanagement of their personal data and gives the consumer control over what data is collected, processed, shared or sold.
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The California Privacy Rights Act (CPRA) will take effect from January 1, 2023, and will apply to personal information collected on or after January 1, 2022. Enforcement of the CPRA will start six months later (July 1, 2023). The CPRA builds upon the CCPA, strengthening user privacy for California residents.
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The Lei Geral de Proteção de Dados (LGPD) is modeled with similarities to the General European Data Protection Regulation (GDPR) and contains sixty-five articles. It was approved on August 14, 2018 and its validity has undergone several changes, the last relevant fact being MPV 959. LGPD is in effect since September 18, 2020. The sanctions by the ANPD (Brazilian Data Protection Authority) were postponed to August 2021. The LGPD allows people have more rights over their data and expects organizations to comply with their regulations or face heavy penalties or fines.
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UAE have number of laws in place that govern privacy as well as data security in the UAE. Some of those includes:
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The government of New Zealand has recently replaced its long-existing Privacy Act of 1993 with a modernized version, the Privacy Act 2020. The New Zealand Privacy Act 2020 (NZPA) will take effect from December 1, 2020.
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The Personal Data Protection Act, B.E. 2562 (2019) ('PDPA') is Thailand's first consolidated data protection law, which was published in the Thai Government Gazette on 27 May 2019. This law was said to go into effect on 27 May 2020. However, in May 2020, the Thai Cabinet through a Royal Decree has deferred the enforcement of certain data protection provisions of the PDPA until 31 May 2021.
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In order to protect the data of individuals in South Africa, Parliament assented to the Protection of Personal Information Act (POPIA) on 19th November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the remaining sections (excluding section 110 and 114(4)) was 1st July 2020. As per the Regulator’s Operational Readiness Plan the Regulator will be able to take enforcement actions for the violation of POPIA by July 1st 2021.
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Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
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The Canadian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
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The Australian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
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After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
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On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
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Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
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In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data. However, in November 2021, the bill’s name was amended to now be called the Data Protection Bill 2021 (DPB).
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The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
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The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
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In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
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South Korea has a general law and several special laws that cover data protection and individuals' privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.
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The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
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Qatar is the first gulf country that has passed a national data privacy law and has paved the way for all other gulf countries to follow suit. In 2016, Qatar enacted Law no. 13 Concerning Personal Data Protection (the “DPL”). Qatar became the first Gulf Cooperation Council (GCC) member state to issue an “European Style” applicable data protection law. The DPL establishes a certain degree of personal data protection, provides data subject rights, and prescribes the guidelines for organizations for the processing of personal data within Qatar.
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Bahrain has become a part of the countries that have enacted a data privacy regulation to protect the rights of their residents. On 12 July 2018, Bahrain drafted its law on data protection regulation, Law No. 30. This then went on to go into effect on the 1st of August 2019 as the Bahrain Personal Data Protection Law (PDPL) and supersedes all other laws. The PDPL recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate purposes.
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After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
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After the VCDPA in Virginia, Colorado has closely followed suit and has passed their own comprehensive data privacy law to protect the personal data of the residents of Colorado.The Colorado Privacy Act (CPA) was signed into law on the 8th of July, 2021 and has been modelled closely after the VCDPA.
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Saudi Arabia has drafted a data privacy regulation to protect the personal data of individuals in Saudi Arabia. This law was approved by the Council of Ministers in Saudi Arabia and is named the Personal Data Protection Law (the “PDPL”).
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Uganda’s Data Protection and Privacy Act 2019 seeks to protect Uganda’s citizens and their personal data by outlining and implementing rules for processing personal data and sensitive personal data by entities within or outside the country.
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Ghana Data Protection Act 2012 establishes a comprehensive set of provisions governing the collection, processing, use, and protection of personal data by the data controller or data processor.
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Kenya’s Data Protection Act, 2019 (DPA) is based on the framework of the EU’s General Data Protection Regulation (GDPR), making it the third region in East Africa to have enacted and enforced data protection regulations.
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Malaysia’s Personal Data Protection Act (PDPA) was passed by the Parliament of Malaysia on 2 June 2010. The PDPA sets out a complete cross-sectoral framework to protect the personal data of individuals with respect to commercial transactions.
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Although there is no comprehensive data protection law in Indonesia, however, there are several regulations that regulate the Indonesia's draft Personal Data Protection Bill (PDPB) & Personal Data Protection Regulations (PDP Regulations)
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Oman’s Personal Data Protection Law (Oman’s PDPL) has been published in the country’s official gazette, and it will come into force by February 9, 2023, one year after its issuance which was February 9, 2022. The law applies to any natural person’s personal data including but not limited to their name, location data, identification number, and health-related information.
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Kuwait’s Data Privacy Protection Regulations (DPPR) applies to all public and private Telecommunication Services Providers and related industry sectors who collect, process, and store personal data and user-related content in whole or in part of a data storage system, whether processed inside or outside the State of Kuwait.
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The Personal Data Protection Act (PDPA) protects Sri Lankan residents’ data while regulating how organizations collect, process, store, and maintain this data. The PDPA also grants users a wide range of data subject rights, meant to give them more control over their data.
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Issued on 27 July 2006, the Russian Federal Law on Personal Data (No. 152-FZ) remains one of the oldest data protection laws in effect today. Moreover, it is one of the few laws enacted before the EU's landmark General Data Protection Regulation (GDPR).
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Germany’s Bundesdatenschutzgesetz (BDSG) in German, or the Federal Data Protection Act in English, was enacted in May 2018 to implement the GDPR in Germany.
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The Data Protection Act (DPA) of 2018 was passed in April 2016 and came into effect on May 25, 2018. This was the same day the General Data Protection Regulation (GDPR) came into effect.
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Directive 2002/58/EC on Privacy and Electronic Communications, known more prominently as the ePrivacy Directive, is a key set of instructions released to ensure the privacy and confidentiality of all electronic communications within the European Union (EU).
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The New York State Department of Financial Service Cybersecurity Regulations or 23 NYCRR 500 is a set of 23 cybersecurity requirements mandatory for all financial institutions registered in New York working under its Banking Law, Insurance Law, or Financial Services Law.
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