Drafting & Negotiating Cloud Contracts - An Introduction
This new introductory level course will explore the different types of cloud service and types of contract used for each of them. It will cover the commercial risk areas and what are consequently the key terms for each side to negotiate and what the ideal outcome is for a negotiation.
Key clauses taken from a cloud contract will be explored plus opportunity for discussion as well as the chance to consider further, more detailed drafting points.
It is ideal for junior lawyers who are starting out in a department where they will encounter cloud contracts or for more senior lawyers who are approaching cloud contracts for the first time.
What You Will Learn
This course will cover the following:
- Understanding cloud services - getting some definitions and terminology out of the way
- SaaS v PaaS v IaaS
- Cloud models in practice
- Cloud deployment types - private, community, public, hybrid
- Pro’s and con’s of using cloud - the basic commercial risks to understand
- Going into a cloud contract - due diligence
- What issues should a user typically want to subject to DD?
- Standard terms - when are they ever acceptable and when should a user seek to negotiate?
- What impact does the Unfair Contract Terms Act have?
- Terms that need special attention - and what to negotiate and where each should party should try to end up
- What is the relationship to outsourcing
- Is TUPE a relevant consideration?
- Charging models
- Usage-based v periodic
- Service description
- Service levels
- Going for gold - or should it be silver or bronze?
- Data protection essentials
- IPR and licensing
- What needs to be included in the licence?
- The IPR indemnity
- Liability clauses
- Jurisdictional issues
2:00pm - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme