Needless to say, due in part to our numerous writings on the legal ramifications of Cloud computing, the InfoLawGroup lawyers have been involved in much Cloud computing contract drafting and negotiating, on both the customer and service provider side. As a result, we have seen a lot in terms of negotiating tactics, difficult contract terms and parties taking a hard line on certain provisions. During the course of our work, especially on the customer side, we have seen certain "roadblocks" consistently appear which make it very difficult for organizations to analyze and understand the legal risks associated with Cloud computing, and in some instances can result in a willing customer walking away from a deal. Talking through some of these issues, InfoLawGroup thought it might be a good idea to create a very basic "Bill of Rights" to serve as the foundation of a cloud relationship, and allow for more transparency and enable a better understanding of potential legal risks associated with the cloud.
This blogpost is the third (and final) in our series analyzing the terms of Google's and Computer Science Corporation's ("CSC") cloud contracts with the City of Los Angeles. In Part One, we looked at the information security, privacy and confidentiality obligations Google and CSC agreed to. In Part Two, the focus was on terms related to compliance with privacy and security laws, audit and enforcement of security obligations, incident response, and geographic processing limitations, and termination rights under the contracts. In Part Three, we analyze what might be the most important data security/privacy-related terms of a Cloud contract (or any contract for that matter), the risk of loss terms. This is a very long post looking at very complex and interrelated contract terms. If you have any questions feel free to email me at firstname.lastname@example.org