Abstract

Cloud computing services are a novelty and a challenge to the in-house lawyer’s work. A model of contract for the provision of cloud computing services differs significantly from the traditional model of IT outsourcing due to the lack of possibilities to provide functionalities tailored to customer’s needs. As a result this area is characterized by far-reaching standardization of contractual provisions while contract negotiations focus on other key points. Growing in importance are in particular issues of compliance with applicable laws and technical standards, especially with regard to protection of privacy and data security. An in-house lawyer negotiating a cloud computing service agreement should place particular emphasis on compliance with personal data protection rules harmonized within the EU. Due to the global character of cloud computing issues of data location and transfer, choice of law and jurisdiction are becoming increasingly important.