Cloud computing has revolutionized computing, providing organizations with the opportunity to outsource their computing capability to a third party provider of networks, servers, storage, applications or services located in multiple jurisdictions. This webinar explored the global legal and regulatory developments in cloud computing that have occurred during 2012
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♦ Cloud Contracting: Non-Cloud versus CloudIACCM Most NegotiatedIACCM Most Negotiated
1. Limitation of Liability
2. Indemnities
3. Charges
4. Intellectual Property
5. Payment
6. Liquidated Damages
7. Service/Service Levels
8. Delivery/Acceptance
9. Applicable Law
10. Confidentiality/Access
Cloud Most NegotiatedCloud Most Negotiated
1. Limitation of Liability
2. Indemnities
3. Data Integrity
4. Service/Service Levels
6. Confidentiality/Access
7. Security/Audit
8. Lock-in/Exit/Term
5. Regulatory Compliance
9. Service Change
10. Intellectual Property
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7. Liability •Warranties
•Indemnities
•Exclusions
•Limitations
Development 2: The Evolving Cloud♦ Cloud Contracting: Negotiation Checklist
3. Data•Information Security
•Access
•Audit
•Business Continuity/DR
2. Service•Services
•Service Levels
•Service Credits
•Price
4. Regulation•DP/Privacy
•Other
•Change
•Breach
1. Structure•Type (IaaS, PaaS, SaaS)
•Subcontractor
5. IPR•Ownership
•Rights of Use
6. Termination•Term
•Termination
•Exit
•Portability
8. Other•Jurisdiction
•Change
•Insurance
•Certification
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♦ HIPAA♦ HITECH Act♦ GLB
♦ FACTA♦ FCRA♦ Fair Debt Collection Practices
Act
♦ FERPA♦ COPPA
♦ ITAR/Export Compliance
♦ FFIEC♦ Banking Requirements
♦ PIPEDA
♦ FTC♦ Subpoena/Rule 34 FRCP
♦ In re NTL Inc. Sec. Litig., 244 F.R.D. 179 (S.D.N.Y. 2007)
♦ State Regulations♦ SOX♦ ECPA♦ SCA
♦ PCI
Development 3: Regulatory Change
Development 3: Regulatory Change
♦ Transparency♦ Control♦ Sharing♦ Sub-Contracting♦ Data Portability♦ Outside of EEA
EU Article 29 Data Protection Working Party Opinion 1 July
2012
♦ Interoperability♦ Data Portability ♦ Reversibility♦ Certification♦ 'Safe and Fair' Contract Terms♦ European cloud market
EC Strategy for "Unleashing the
potential of cloud computing
in Europe" 27 September 2012
♦ What data to put into the cloud?♦ Performance monitoring♦ Written contract♦ Security assessment♦ Security measures♦ Using cloud services from outside the UK♦ Multi-tenancy environment