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Most legal issues involved in [[cloud computing]] will currently be resolved during [[contract]] evaluation (i.e., when making comparisons between different [[cloud service provider|provider]]s) or [[negotiation]]s. The more common case in [[cloud computing]] will be selecting between different [[contract]]s on offer in the market (contract evaluation) as opposed to [[contract negotiation]]s. However, opportunities may exist for prospective customers of [[cloud services]] to choose [[cloud service provider|provider]]s whose contracts are negotiable. |
Most legal issues involved in [[cloud computing]] will currently be resolved during [[contract]] evaluation (i.e., when making comparisons between different [[cloud service provider|provider]]s) or [[negotiation]]s. The more common case in [[cloud computing]] will be selecting between different [[contract]]s on offer in the market (contract evaluation) as opposed to [[contract negotiation]]s. However, opportunities may exist for prospective customers of [[cloud services]] to choose [[cloud service provider|provider]]s whose contracts are negotiable. |
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| − | Unlike traditional [[Internet service]]s, [[standard contract clause]]s may deserve additional review because of the nature of [[cloud computing]]. The parties to a [[contract]] should pay particular attention to their rights and obligations related to notifications of [[security breach|breaches in security]], [[data transfer]]s, creation of [[derivative work]]s, change of control, and [[access]] to [[data]] by law enforcement entities. Because the [[cloud]] can be used to [[outsource]] [[critical internal infrastructure]], and the [[interruption]] of that [[infrastructure]] may have wide-ranging effects, the parties should carefully consider whether standard [[limitations on liability]] adequately represent [[allocation of risk|allocations of liability]], given the |
+ | Unlike traditional [[Internet service]]s, [[standard contract clause]]s may deserve additional review because of the nature of [[cloud computing]]. The parties to a [[contract]] should pay particular attention to their rights and obligations related to notifications of [[security breach|breaches in security]], [[data transfer]]s, creation of [[derivative work]]s, change of control, and [[access]] to [[data]] by law enforcement entities. Because the [[cloud]] can be used to [[outsource]] [[critical internal infrastructure]], and the [[interruption]] of that [[infrastructure]] may have wide-ranging effects, the parties should carefully consider whether standard [[limitations on liability]] adequately represent [[allocation of risk|allocations of liability]], given the parties’ use of the [[cloud]], or responsibilities for [[infrastructure]]. |
Until legal precedent and regulations address [[security]] concerns specific to [[cloud computing]], customers and [[cloud service provider]]s alike should look to the terms of their [[contract]] to effectively address [[security risk]]s. |
Until legal precedent and regulations address [[security]] concerns specific to [[cloud computing]], customers and [[cloud service provider]]s alike should look to the terms of their [[contract]] to effectively address [[security risk]]s. |
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