Cloud computing technologies have reached a high level of development, yet a number of obstacles still exist that must be overcome before widespread commercial adoption can become a reality. In a cloud environment, end users requesting services and cloud providers negotiate service-level agreements (SLAs) that provide explicit statements of all expectations and obligations of the participants. If cloud computing is to experience widespread commercial adoption, then incorporating risk assessment techniques is essential during SLA negotiation and service operation. This article focuses on the legal issues surrounding risk assessment in cloud computing. Specifically, it analyses risk regarding data protection and security, and presents the requirements of an inherent risk inventory. The usefulness of such a risk inventory is described in the context of the OPTIMIS project.