Wandering clouds — emerging trends in cloud services contracts
With offerings provided ‘as a service’ becoming increasingly prevalent, more lawyers in both private practice and in-house will be seeing cloud-related contract terms and wondering what to do with them; are they really negotiable and to what extent? Are supplier positions reasonable?
Certainly in the initial ‘launch’ phase of cloud offerings (i.e. those offered on a one-to-many basis, utilising shared facilities rather than a bespoke hosted service being extended to a single customer), the contract terms that a user could expect to be asked to sign up to would be very restrictive in terms of the level of contract risk that the supplier would accept (and this has been reflected in wider market studies conducted by the likes of QMUL and Stanford University). However, in recent months, there have been demonstrable signs that this position is changing and that the scope for genuine negotiation has grown.
Before going on to look at the nature of the changes and some of the potential reasons for them, it is perhaps worth recapping the reasons why cloud contracts developed in the way that they did in the first place…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
DLA Piper’s privacy experts have compiled a list of dos and don’ts for addressing privacy compliance in M&A transactions.
On 22 July 2014, a new law amending the Law on Data Protection and Law on Information was signed off by the Russian president and thus was officially adopted.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions