CCAK Reviews Questions

When reviewing a third-party agreement with a cloud service provider, the greatest concern regarding customer data privacy is the return or destruction of information. This is because customer data may contain sensitive or personal information that needs to be protected from unauthorized access, use, or disclosure. The cloud service provider should have clear and transparent policies and procedures for returning or destroying customer data upon termination of the agreement or upon customer request. The cloud service provider should also provide evidence of the return or destruction of customer data, such as certificates of destruction, audit logs, or reports. The return or destruction of information should comply with applicable laws and regulations, such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), or the Health Insurance Portability and Accountability Act (HIPAA). The cloud service provider should also ensure that any subcontractors or affiliates that have access to customer data follow the same policies and procedures12.

References:

Cloud Services Agreements – Protecting Your Hosted Environment

CSP agreements, price lists, and offers - Partner Center

According to the ISACA Cloud Auditing Knowledge Certificate Study Guide, the cloud customer is the entity that retains accountability for the business outcome of the system or the processes that are supported by the cloud service1. The cloud customer is also responsible for ensuring that the cloud service meets the legal, regulatory, and contractual obligations that apply to the customer’s business context1. The cloud customer should also perform due diligence and risk assessment before selecting a cloud service provider, and establish a clear and enforceable contract that defines the roles and responsibilities of both parties1.

The cloud user is the entity that uses the cloud service on behalf of the cloud customer, but it is not necessarily accountable for the compliance of the service1. The cloud service provider is the entity that makes the cloud service available to the cloud customer, but it is not accountable for the compliance of the customer’s business context1. The certification authority (CA) is an entity that issues digital certificates to verify the identity or authenticity of other entities, but it is not accountable for the compliance of the cloud service2. References:

ISACA Cloud Auditing Knowledge Certificate Study Guide, page 10-11.

Certification authority - Wikipedia

 A contract containing the phrase “You automatically consent to these terms by using or logging into the service to which they pertain” is establishing a contract of adhesion. A contract of adhesion is a type of legal agreement that involves one party setting the terms and conditions and the other party having no choice but to accept or reject them without bargaining. These contracts are often used in situations where one party has more power or resources than the other, such as in online services, insurance, leases, or consumer credit. These contracts may be unfair or unclear to the weaker party and may be challenged in court for unconscionability or ambiguity12.

References:

adhesion contract | Wex | US Law | LII / Legal Information Institute

What is a contract of adhesion? A complete guide - PandaDoc

 When designing a cloud compliance program, the first key stakeholders to identify are the cloud strategy owners. These individuals or groups are responsible for the overarching direction and objectives of the cloud initiatives within the organization. They play a crucial role in aligning the compliance program with the business goals and ensuring that the cloud services are used effectively and in compliance with relevant laws and regulations. By starting with the cloud strategy owners, an organization ensures that the compliance program is built on a foundation that supports the strategic vision and provides clear guidance for all subsequent compliance-related activities and decisions.

References = The information provided is based on general best practices for cloud compliance and stakeholder management. Specific references from the Cloud Auditing Knowledge (CCAK) documents and related resources by ISACA and the Cloud Security Alliance (CSA) are not directly cited here, as my current capabilities do not include accessing or verifying content from external documents or websites. However, the answer aligns with the recognized approach of prioritizing strategic leadership in the initial stages of designing a compliance program.