Who needs a book on contracting with cloud computing vendors? Aren't all cloud contracts basically commoditized, comprised of "boilerplate" language? And surely no vendor would agree to make any changes to its standard form cloud agreements? If you or your clients are considering moving to the cloud, this guide will provide you with practical guidance and best practices to help you understand, evaluate, negotiate, and draft cloud computing agreements.

The one-sided, standard boilerplate agreements for cloud computing are slowly evolving to meet regulatory and legal environments, and not all cloud agreements are created equal or adequately meet customers' increasingly demanding legal and regulatory requirements. Cloud 3.0: Drafting and Negotiating Effective Cloud Computing Agreements provides practical guidance and best practices to help you understand cloud agreements.

While it is accessible to non-experts, even seasoned technology law veterans will benefit from the authoritative guidance of the authors, who are experts in their fields. The book provides a valuable roadmap to drafting and negotiating effective cloud computing agreements, taking into account the technological, business, and legal considerations of an organization's use of cloud computing technologies.

Cloud 3.0 provides practical information and approaches that will help you create useful cloud computing agreements that meet your clients' business and legal requirements, including:

  • how to evaluate vendors and recognize agreements that heavily favor the vendor
  • detailed analysis of service levels in cloud agreements, enabling you to negotiate for guarantees that will serve your clients' needs
  • warranties, indemnities, and limitations of liability in cloud contracts
  • best practices for cloud privacy and maintaining security
  • practical tips for effective cloud negotiations to better arm you to create "win-win" cloud agreements
  • alternative dispute resolution, litigation strategies, and bankruptcy considered in the context of cloud agreements
  • mitigating risk through cyberliability insurance
  • negotiating the exit from a cloud contract and ensuring successful transition, whether to another provider or an in-house solution
  • and more!

Originally published by the American Bar Association

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.