With an application hosted in a cloud environment, who could be the recipient of an eDiscovery order?

Question

Options

• AUsers
• BBoth the cloud provider and cloud customer
• CThe cloud customer
• DThe cloud provider

• A
  4% (2)
• B
  94% (49)
• D
  2% (1)

Explanation

Option B is correct because eDiscovery (electronic discovery) orders can target both parties in a cloud relationship: the cloud provider holds the physical infrastructure and may store or control data at rest, while the cloud customer owns or controls the data and is typically the primary subject of litigation. Courts can compel either or both parties to produce relevant electronically stored information (ESI), depending on who has custody, control, or possession of the data in question.

Why the distractors are wrong:

• A (Users) - Individual end users are not typically the organizational entities subject to eDiscovery orders; the legal obligation falls on the businesses/entities that control the data.
• C (Cloud customer only) - While the customer often bears primary responsibility, the cloud provider may independently hold data or logs that are legally relevant and can be separately compelled.
• D (Cloud provider only) - The provider is rarely the sole target; the customer retains legal ownership of and responsibility for their data even when it's hosted elsewhere.

Memory tip: Think of it as a "shared custody" arrangement - both the landlord (cloud provider) and the tenant (cloud customer) can be asked to produce evidence about what happens on the property.

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