A survey report released by Baker McKenzie reveals it is critical to understand what parts of the cloud contract are negotiable and what is not, particularly in newer portions of the marketplace that have greater variance in solutions and contracting terms, the firm reports on it website.

“The survey report, now in its third year, highlights the top objectives, hesitations, and criteria that buyer respondents factored into their cloud procurement determinations,” the firm says. “These factors are almost identical to the responses from cloud providers, potentially indicating further convergence in the marketplace.”

“Our survey results indicate that there may be convergence in the more established parts of the cloud marketplace, such as Software-as-a-Service, but less so in others, such as Infrastructure-as-a-Service and integration with machine-to-machine/Internet of Things solutions,” said Peter R. George, a Partner in Baker McKenzie’s TMT Group.

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CLE Luncheon, Sept. 26, 12 p.m. CDT
Belo Mansion, Dallas

Scott & Scott, LLP will present a complimentary CLE luncheon titled “Data Privacy and Security Issues in Cloud Contracts” at the Belo Mansion in Dallas on Monday, Sept. 26, from noon to 1 p.m. CDT. The event will be hosted by the Computer Law Section of the Dallas Bar Association.

Robert J. Scott, managing partner of Scott & Scott, will share suggestions on how each party can mitigate, balance or transfer the privacy and security risks in cloud computing.

On the surface, cloud agreements are similar to traditional technology licensing and services agreements; however, cloud computing engagements expose both the client and the service provider to risks not present in more traditional technology service or software transactions, Scott says. The transformation from on-premises software deployments to cloud based models has widespread implication for data privacy, security, and regulatory compliance.

Scott will address each element that contributes to privacy and security risk in cloud computing, including:
• GLBA Rules Affecting Cloud Contracts
• Using Cloud Services in Healthcare
• Due Diligence Obligations in Selecting Cloud Vendors
• Negotiating Key Provisions including insurance, indemnity, and limitations of liability
• How to Comply with Oversight Regulations involving Cloud Service Providers

Attendance for registrants is free, and lunch will be provided.

Register for the CLE luncheon.

According to Grant Gross from IDG News Service, the banking document record leak now are known as the Panama Papers included 11.5 million confidential documents dating from the 1970s through to late 2015 — 4.8 million emails, 3 million database format files, 2.2. Million PDFs, 1.1 million images and 320,000 text documents. All of these documents were from Panama Law Firm Mossack Fonseca.

Allegedly these leaked documents reveal how dozens of high-profile professionals including public officials in countries including the U.K., France, and China have hidden their wealth abroad to avoid paying taxes, ContractRoom reports on its website.

What is clear is that if indeed these files were hacked from emails or off the server of Mossack Fonseca, this firm was not using a Cloud platform with proper security and encryption to store their documents. It appears they were using an on-site server.

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