There is no data cloud, only somebody else's computer

Perhaps because digital data has negligible physical presence we often struggle to view it as property.

If we stored our valuable physical possessions in a facility with no security people would think we were crazy and possibly partly to blame if our stuff went walkabout.

The penny is starting to drop however that remote digital storage of our valuable digital IP needs to be evaluated in respect of its security and that contracts need to deal with the sticky subject of liability in the event of data breach or loss. This is particularly the case when the IT company who are in theory holding your data are in fact outsourcing it to another third party. It seems likely that aside from contractual terms the tort of negligence may have a part to play here when the basic requirements of cyber security have been ignored by those handling personal data.