In a recent case before the Court of Appeal in ‘s-Hertogenbosch, the question was raised whether a liquidator should get access to data stored in a cloud, when the company, having a contractual relationship with the cloud provider, has gone into bankruptcy.

According to the Court, a liquidator has a concrete interest in getting access to the information in the cloud. Based upon article 93a of the Bankruptcy Act, the liquidator is empowered to enter any place to the extent that this is reasonably necessary for the performance of his duties. The Court is of the opinion that this means that the liquidator should also have access to the data stored in a cloud. The cloud provider should therefore fully cooperate in providing access to the data.

The liquidator also claims before the Court that the cloud provider should provide the data free of charge in an organized form. The cloud provider has however stated that this is unreasonable, since this would be very time-consuming and he would not get compensated for its efforts. The Court agreed: the cloud provider should make the data accessible, but it is up to the liquidator to ensure that the data are readily comprehensible. The liquidator can involve a third party or can request the cloud provider to organize the data in a suitable format for him. The liquidator will have to pay the cloud provider for its services. (FVDJ)

The case can be found on, LJN = BV9640