Abstract

http://ssrn.com/abstract=2055199
 
 

Footnotes (99)



 


 



Negotiating Cloud Contracts - Looking at Clouds from Both Sides Now


W. Kuan Hon


Queen Mary University of London, School of Law - Centre for Commercial Law Studies

Christopher Millard


Queen Mary University of London, School of Law - Centre for Commercial Law Studies; Oxford Internet Institute

Ian Walden


Queen Mary University of London, School of Law

May 9, 2012

16 STAN. TECH. L. REV. 81 (2012)
Queen Mary School of Law Legal Studies Research Paper No. 117/2012

Abstract:     
Contract terms for cloud computing services are evolving, driven by users' attempts to negotiate providers' standard terms to make them more suitable for their requirements, as well as market developments, particularly among cloud integrators.

This paper summarises our research into negotiated cloud contracts, where users have requested changes to providers’ standard terms, and the extent to which providers agreed those changes, based on sources including interviews with cloud computing providers, users and other market actors. The terms that generated most negotiation were provider liability, service level agreements, data protection and security, termination rights, unilateral amendments to service features, and intellectual property rights.

Changes to providers' standard terms are likely to filter down from large deals where users have negotiated amendments, and filter up from regulatory action affecting the consumer market. This paper suggests a multiplicity of approaches are emerging, rather than a de facto ‘cloud’ model, with market participants developing a range of cloud services with different contractual terms, priced at different levels, and embracing standards and certifications that aid legal certainty and compliance, particularly for SME users.

Number of Pages in PDF File: 50

Keywords: cloud computing, contracts

JEL Classification: K2, K12, K20

Accepted Paper Series





Download This Paper

Date posted: May 10, 2012 ; Last revised: January 15, 2013

Suggested Citation

Hon, W. Kuan and Millard, Christopher and Walden, Ian, Negotiating Cloud Contracts - Looking at Clouds from Both Sides Now (May 9, 2012). 16 STAN. TECH. L. REV. 81 (2012); Queen Mary School of Law Legal Studies Research Paper No. 117/2012. Available at SSRN: http://ssrn.com/abstract=2055199 or http://dx.doi.org/10.2139/ssrn.2055199

Contact Information

W. Kuan Hon (Contact Author)
Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )
London
United Kingdom
HOME PAGE: http://www.law.qmul.ac.uk/people/academic/hon.html
Christopher Millard
Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )
67-69 Lincoln's Inn Fields
London, EC2A 3JB
United Kingdom
HOME PAGE: http://www.law.qmul.ac.uk/staff/millard.html
Oxford Internet Institute
1 St Giles
Oxford, OX1 3JS
United Kingdom
HOME PAGE: http://www.oii.ox.ac.uk/
Ian Walden
Queen Mary University of London, School of Law ( email )
Mile End Road
London, London E1 4NS
United Kingdom
Feedback to SSRN


Paper statistics
Abstract Views: 4,013
Downloads: 1,489
Download Rank: 6,036
Footnotes:  99
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.344 seconds