David Navetta writes:
Needless to say, due in part to our numerous writings on the legal ramifications of Cloud computing, the InfoLawGroup lawyers have been involved in much Cloud computing contract drafting and negotiations, on both the customer and service provider side. As a result, we have seen a lot in terms of negotiating tactics, difficult contract terms and parties taking a hard line on certain provisions.
During the course of our work, especially on the customer side, we have seen certain “roadblocks” consistently appear which make it very difficult for organizations to analyze and understand the legal risks associated with Cloud computing. In some instances this can result in a willing customer walking away from a deal. Talking through some of these issues, InfoLawGroup thought it would be a good idea to create a very basic “Bill of Rights” to serve as the foundation of a cloud relationship, allow for more transparency and enable a better understanding of potential legal risks associated with the cloud.
Just a pre-emptive comment: while we use the strong term “rights,” we know that cloud arrangements vary and that every transaction has its own issues and circumstances that impact the nature and scope of a negotiation. Moreover, as with the real Bill of Rights, we realize that none of these rights are absolute and may appropriately be subject to reasonable limitations in certain contexts. This document should be viewed less as a universal mandate, and more as a tool for cloud customers and providers to engage in spirited debate about the issues addressed in this Bill of Rights.
The Bill of Rights is set forth below with annotations. In addition, you can download an un-annotated version here, and we have even provided a pocket-sized version that can be easily accessed by those who are actively engaged in vetting cloud deals (however, you may need to keep a magnifying glass in your other pocket in order to read this version). This is a work in a progress and we invite you to submit your ideas on additional “rights” that we should include as well as any comments and criticisms on the current listing.
Read the Cloud Computing Customers’ Bill of Rights on InfoLawGroup.