Cloud Computing

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The tension with cloud computing lies between, on the one hand, the desire of the supplier to retain as much control as possible over its proprietary assets and, on the other hand, the wishes of the customer to get the best value out of the arrangement.

Whether the cloud computing stack lies with the customer or not, suppliers and customers must ensure they reach a compromise on their competing objectives before go-live.

Our lawyers are able to advise on any cloud computing arrangement, whether for the supplier or customer, including where the services are required for the onwards provision of digital content to end-users.

What can we support on?

We can provide legal support on the following matters: -

  • Drafting and negotiating SaaS/PaaS/IaaS agreements in the business-to-business context.

  • Advising on contractual terms unique to cloud computing, such as true-up clauses, decompilation rights, database licensing, and software-specific warranties.

  • Drafting SaaS contracts in the business-to-consumer context in compliance with relevant consumer laws.

  • Drafting and negotiating value added reseller software agreements.

  • Drafting service level agreements for the provision of operational and support services.

  • Advice on intellectual property and software licensing matters, including open source licensing.

  • Advice on GDPR and cyber security laws.

  • Support on matters regarding onwards service provision to end-users, such as flowing down any relevant license terms.

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