ISC2 Certified Cloud Security Professional (CCSP) Practice Question
While negotiating a contract with a cloud-based email provider, a multinational corporation explains that ongoing litigation in several jurisdictions may require it to place legal holds and later produce mailbox contents with full metadata. To minimize the risk that such cloud-hosted evidence is rejected by a court, which contractual requirement is MOST important to include, in line with ISO/IEC 27050 and Cloud Security Alliance eDiscovery guidance?
A contractual right for the customer to perform annual penetration tests against the provider's infrastructure.
A service-level agreement guaranteeing 99.999 percent email availability and rapid recovery from outages.
A requirement that all email data be stored exclusively within the corporation's home country.
A clause obligating the provider to preserve requested data and maintain verifiable chain-of-custody records from collection through production.
ISO/IEC 27050 and CSA eDiscovery guidance emphasize that electronically stored information (ESI) in the cloud must be identifiable, preserved without alteration, and transferred under a documented chain of custody to remain admissible. Requiring the provider to maintain and demonstrate formal chain-of-custody procedures-and to preserve and produce data on demand-directly addresses these evidentiary prerequisites. While data localization can simplify jurisdictional questions, high availability service levels, and vulnerability-assessment rights, none of these controls ensure that ESI is preserved in a forensically sound manner or that its provenance can be proven during legal proceedings. Therefore, the clause mandating preservation and detailed chain-of-custody support is the most critical for eDiscovery compliance.
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ISC2 Certified Cloud Security Professional (CCSP)
Legal, Risk and Compliance
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