Data Protection in Cloud Computing Agreements: Allocating Risk, Interplay With Other Terms, Managing Compliance

Description

Data protection ranks as one of the highest priorities for technology counsel when negotiating cloud computing agreements. Counsel for providers, end-users, and third-party vendors all face the challenge of ensuring that clear boundaries are set for the ownership, control, use, and access to hosted data across various service and deployment models. While the advantages of cloud computing are well documented, the exposure from poorly crafted data protection terms can prove devastating in the event of a breach.

Practitioners approaching the negotiation of these agreements must have a firm grasp on a few key considerations for data protection and how they play in the broader context of other contractual terms and inter-party agreements. For example, the parties' definition of "ownership" of hosted data should not only narrowly address the user's intellectual property rights but should also encompass the collateral issues of control over the data's use and rights of access. The agreement should squarely address liability and indemnity issues for parties to the primary agreement, but what measures are advisable for data management by third-party vendors?

Listen as our panel of experts offers guidance to practitioners facing these issues and provides practical insight on how to address some of the more challenging aspects of negotiating and drafting these contract terms.