Key Aspects of Cloud-Computing Services Related Contracts
National Strategies Observer No.2/Vol.1, 2015
8 Pages Posted: 1 Jun 2016
There are 2 versions of this paper
Key Aspects of Cloud-Computing Services Related Contracts
Key Aspects of Cloud-Computing Services Related Contracts
Date Written: June 1, 2016
Abstract
Cloud-computing, since 2008, has been one of the fastest growing IT trends that tends to revolutionize the way IT is consumed and managed, while improving cost efficiencies, accelerating innovation, and having the ability to scale applications on demand [1]. Due to the evolution of this concept and the legal, economical, security and privacy issues it may pose, the scope of this article is to shed a light on cloud-computing - specifically: the types of services enterprises offer based on cloud-computing, the specificity of negotiating such contracts, and on certain essential clauses these types of contracts should meet, including propositioning a standardized approach to procuring cloud services, including a standard set of requirements for cloud service providers to adhere to when a state proposes contracts for cloud services. The scientific approach will be based on recommendations, best practice guides, legal framework, and examples of contracts at EU and USA level, also discussing the recent progress made by the small country of Moldova in this matter that has decided to implement a joint government technology platform (mCloud26) by contracting a cloud-computing service provider. Some key aspects of these types of contracts that will be presented are as follows: types of contracts, applicable law, jurisdiction, proper use, confidentiality, data location and transfer, access by the provider, rights over service and contents, liability, warranty, auditing requirements, cloud-computing institution overseers, performance management, ending the arrangement, dispute resolution, imposed clauses. Finally, the article will conclude with a manifest regarding cloud-computing as being a still immature technology, albeit in full expansion, but in order for it to be considered a solution to certain needs rights and obligations completely.
Keywords: Cloud-computing, contracts, negotiation, recommended clauses, data protection, IT.
JEL Classification: A10
Suggested Citation: Suggested Citation