Managing Legal Compliance Risk in the Cloud and Negotiating Personal Data Protection Requirements with Vendors

This chapter provides the reader with tips and recommendations to be considered in the cloud relationship during the pre-contractual, contractual, and post-contractual phases. Cloud clients, namely businesses and public administrations, need to put increased focus on the cloud service agreement, making sure that it meets the relevant legal compliance requirements and that the duties and obligations of both parties are clearly established. The European Union is active in enabling cloud solutions in a way that is compatible with the applicable legislation to ensure cybersecurity, interoperability, portability, and market behavior. The abundance of cloud computing technologies and services grows in unison with the diverse modes of delivering Information Technology services which is made possible thanks to the significant diffusion of mobile and portable devices. Entering into a cloud contract, like any other type of contract, presents the client with a number of issues that must be carefully considered, including jurisdiction, applicable law, and privacy roles.