The repercussions of the fire, which broke out on the night of March 9 to 10 in the main building of the OVHcloud site in Strasbourg and which caused no casualties, are starting to be felt. According to the host, between 12,000 to 16,000 people would be affected by a total or partial loss of their data.
What first instinct should you have if you are an OVHcloud customer?
If you believe that your site hosted by OVHcloud is faulty or if the company has informed you to be among the persons concerned, first consult your contract and particularly the “service level agreement” (SLA), that is to say the service level agreement. ” If the contract provides, for example, for a back up, the host undertakes to restore the data from the last backup made. The severity will then depend on the date of this backup », Explains Matthieu Bourgeois, lawyer specializing in data law, partner of KGA Avocats. If the SLA provides for real-time mirror redundancy – that is to say a real-time backup on another server – the data will not be affected a priori.
let’s remember that nothing legally obliges a host to offer a backup solution. It is up to the customer to take the process by resorting to contractual options. ” To my knowledge, OVHcloud customers do not subscribe to a specific contract, but accept general conditions for accessing services and special conditions in certain specific areas (accommodation, rental, etc.) », Points out Arnaud Touati, founding partner of Hashtag Avocats, specialists in digital contracts. It is therefore possible that the data is not backed up by default.
In the case of the French host if no paid option is subscribed, ” no backup of customer data and content is made “, specifies the conditions of use of dedicated servers. Nevertheless, OVH has already specified that most damage will be temporary and that buildings 1 and 4 are scheduled to restart on March 15. There remains the question of the data stored in the SBG2 building, the most affected by the fire, which could have been lost forever. on March 11, OVHcloud was not yet able to confirm any permanent data loss, arguing that depending on the backups subscribed, “ there are as many possibilities as there are customers “.
What possible recourse against OVH?
Article 7.7 of the general conditions of sale ofOVHcloud foresees the fire as a case of force majeure. The company is thus contractually exempt from its liability in this case. He undertakes to indicate in writing the circumstances of the event and the evolution of the situation to the customers concerned. If it lasts more than thirty days, the customer is then free to terminate the services. ” If, in the context of an expert appraisal carried out to determine the causes of the accident, it was demonstrated that OVH had internal responsibility, the fire could then no longer meet all the conditions of force majeure. », Specifies Arnaud Touati. An appeal would then be possible, but not immediately. At present, according to the initial conclusions of the investigation, the fire is of accidental origin.
In theory, OVHcloud could also be prosecuted by the National Commission for Informatics and Freedoms (Cnil) on the basis of the “loss of data availability”, provided for by the European Data Protection Regulation (GDPR). In practice, if the damage suffered by customers is not very significant, the CNIL has no interest in taking action. The good economic health of the European leader in server hosting is a priority.
What reflexes should be taken to ensure the proper preservation of your data?
Whether you have signed a contract with special backup conditions or not, it is essential to make a copy on a local server. ” All businesses, regardless of size, must become aware that digital and more precisely data is physical », Insists Matthieu Bourgeois. Also, even if we have signed a contract with special backup conditions, it is essential to make a copy on a local server.
The cloud is not enough to ensure the proper preservation of your data. However, having your own servers obviously comes at a significant cost. In the immediate future, for the most modest companies and the autoentrepreneurs who have lost their data, after some research on the web, it is possible to find all those shared in one way or another.
In this difficult period, entrepreneurs and managers of VSEs and SMEs need support more than ever. The Les Echos Entrepreneurs site is making its contribution by offering free information and testimonials for the next few weeks. To stay informed of entrepreneurs and startups news, consider subscribing to our daily newsletter and / or the weekly newsletter Goodbye to the crisis!