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Which regulations apply to your cloud data?
There is no universal cloud-compliance checklist. The rules that apply depend on your organization’s jurisdictions, industry, data, cloud service, contracts, and operating context. Before selecting a service or moving data, document those facts and have qualified legal or compliance staff determine the obligations that follow from them.
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NIST’s SP 800-144, published in December 2011, identifies several issues to assess, including data location, privacy and security controls, records management, and electronic discovery. These are considerations, not an exhaustive list of laws or sector-specific duties, and the publication is not a current jurisdiction-specific legal checklist.
Build a scope before evaluating providers
- List the data you plan to store or process, including personal, regulated, business, and record-retention data.
- Map the cloud services, systems, users, and business processes that will handle it.
- Identify relevant jurisdictions, including where the organization operates and where data may be held or processed.
- Record applicable legal, contractual, and internal policy requirements, including retention, access, security, investigation, and discovery needs.
This scope gives your team a basis for evaluating a specific service. Without it, a provider’s broad statement that it supports compliance cannot establish that its service meets your organization’s obligations.
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How do you check whether a cloud provider meets your requirements?
Translate each applicable obligation and internal policy into a requirement for the service. Then evaluate the provider’s actual offering and its contract terms against those requirements. NIST SP 800-144 recommends reviewing provider offerings and contract terms in light of organizational requirements, rather than treating general compliance claims as sufficient.
For each requirement, determine what the provider controls, what your organization must configure or operate, and what evidence will let you verify that the agreed control is working. Ask how control information is made available and whether you can assess performance over time.
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Compare options against the same criteria
| Area | Questions to resolve |
|---|---|
| Control fit | Do the service’s security and privacy controls meet the requirements identified for this workload? |
| Evidence and audit visibility | What control information and evidence can your organization access, and how can it assess performance over time? |
| Data location and legal fit | Where may data be held or processed, and how could location affect legal duties, records, investigations, or discovery? |
| Contract fit | Do the service terms address the requirements, responsibilities, incident arrangements, and evidence your organization needs? |
| Operational oversight | Can your organization monitor the service, review findings, and take action throughout its lifecycle? |
Use the same criteria for each candidate service. A comparison is meaningful only against your requirements; these dimensions do not establish a generic ranking of which provider is “most secure.”
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Review the terms that govern the actual service, not just marketing descriptions or general compliance materials. NIST SP 800-144 advises considering provider offerings and contract terms together and says incident-response arrangements should be understood and negotiated before entering a service contract.
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- This USB drive provides plug and play simplicity with the included 18 inch USB 3.0 cable
- The available storage capacity may vary.
- Responsibilities: identify which party performs each security task and which tasks remain with your organization.
- Controls and evidence: define the control information, records, or other evidence available to help your organization assess performance.
- Data location: clarify where data may be held, since location can matter for legal obligations and investigations.
- Incident response: establish how incidents are communicated and how the parties coordinate response and investigation.
- Audit and oversight: specify how your organization can verify that agreed practices are followed and maintain appropriate visibility into controls.
These are issues to resolve against your facts and legal advice, not a guarantee that any particular contract language will satisfy every requirement.
Who is responsible for cloud data security?
Your organization remains accountable for its security and privacy obligations even when a provider operates the underlying service. NIST co-author Tim Grance stated that “accountability for security and privacy in public cloud deployments cannot be delegated to a cloud provider and remains an obligation for the organization to fulfill.” That accountability does not mean the provider has no operational duties; it means outsourcing does not remove the organization’s obligation to govern and verify the arrangement.
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- Designed to work with Windows or Mac computers, this external hard drive makes backup a snap just drag and drop
- To get set up, connect the portable hard drive to a computer for automatic recognition no software required
- This USB drive provides plug and play simplicity with the included 18 inch USB 3.0 cable
- The available storage capacity may vary.
Make the division of work explicit. For every control, assign who performs it, who supplies evidence, who communicates incidents, and who reviews whether the control is operating as agreed. The relevant division varies by service and contract, so do not assume that a responsibility assigned in one cloud arrangement applies to another.
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How do you maintain compliance after deployment?
Cloud compliance needs governance throughout provisioning, deployment, use, and monitoring—not only a review before purchase. NIST SP 800-144 recommends extending organizational policies and procedures to cloud service provisioning and use, with audit mechanisms to check whether practices are followed. It also emphasizes visibility into provider security and privacy controls and their performance over time, as well as continuous monitoring to support ongoing risk decisions.
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- Extend existing governance. Apply relevant organizational policies, procedures, and standards to cloud services and the teams that provision and use them.
- Establish audit mechanisms. Decide how to check that the organization and provider follow the agreed practices, using the evidence available under the service and contract.
- Maintain control visibility. Review information about provider controls and performance rather than relying on a one-time assessment.
- Monitor and respond. Use ongoing monitoring to inform risk decisions, investigate findings, and make changes when requirements or operating conditions change.
NIST SP 800-53 Rev. 5 is a broad, customizable security and privacy control catalog that can support organization-wide risk management. It is a control resource—not, by itself, proof that either a cloud service or its customer is compliant. NIST’s cloud publications also include IR 8505, finalized September 30, 2024, and SP 800-210, finalized July 31, 2020. Select guidance that fits your system and risk context rather than treating any publication as a substitute for applicability analysis.
Plan for incidents and investigations before they happen
Agree on incident-response arrangements before signing or relying on a service contract. NIST SP 800-144 notes that geographic data location can affect investigations and should be discussed contractually. Consider what location information your organization needs and how the parties will coordinate if an incident or investigation involves the service. Contract terms and provider capabilities need to be assessed for your specific circumstances; planning does not guarantee a particular outcome.
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