Protecting the privacy and security of the data in the Cloud should be a priority for Cloud operators, for those entrusting their data into the Cloud and for policymakers. But the desire to protect data in the Cloud should not mean that decisions are made based on false assumptions about governmental access to Cloud data.

One of Mrs. Reding's colleagues at the European Commission, Neelie Kroes, is poised to release the Commission's Cloud Strategy for Europe very soon. Certainly, that document will recognize that at a critical time for the economy of countries within the EU, Cloud computing has the potential to be an economic catalyst for the EU. False assumptions about "local Clouds" to protect data will limit the power of the Cloud model to help businesses innovate in a global economy. Knowing the facts helps.

Chris Wolf leads the global Privacy and Information Management Practice at Hogan Lovells US LLP and Winston Maxwell is a partner in the Hogan Lovells International LLP Paris Office.