Cloud Computing: A Practical Introduction to the Legal Issues

Much is being said about cloud computing, and in particular the benefits (both economic and environmental) and the risks. But how are those involved in buying IT to judge the legal issues which arise, and how can contracts maximise the advantages and minimise the disadvantages? How can cloud service providers address the customer's legal concerns so that the proposition remains viable for the customer and their own business? This book will introduce cloud computing (briefly) for those new to the concept, comparing the development of this new computing paradigm to other ways of buying computing resource. It will summarise the legal issues which arise, some of which are unique to cloud, others of which are more general but have a unique application to cloud. It will explore these legal issues, covering such areas as security in the cloud, data protection, service levels, and contractual issues. It will provide a practical resource for those involved in buying or providing cloud services, setting out practical steps to address legal issues both in the regulatory context and in the context of contracts between customer and suppliers. It also deals with issues which arise when the cloud service is used by regulated sectors, such as financial services.

Cloud Computing has brought about a lot of change, movement into the unknown and risks particularly legal risks are playing into people s fears and concerns. This book makes an important contribution to bringing some much needed clarity to the subject. --Dervish Tayyip, Head of UK Legal, Microsoft UK

Renzo Marchini s book on cloud computing is an outstanding compilation of cloud legal issues, practical advice, observations of typical arrangements, and bold predictions of the future resolution of currently unsettled questions of law in the cloud. Every cloud vendor and cloud customer should carefully study the advice... which will greatly aid in making sure the selected cloud arrangement meets the customer s business objectives, as well as risk and legal compliance imperatives. --Amer C. Moorhead, Vice President of Legal, Ariba, Inc.

A great introduction, in plain English, to the legal issues surrounding Software as a Service that will no doubt contribute to demystifying the perceived issues around cloud computing. --Christine Giraudon, Snr.Director, Managing Counsel EMEA Legal, Salesforce.com

Sometimes the amount of legal issues related to cloud computing makes spin even lawyers heads. How can people with no legal background understand the legal framework that operates with clouds better? In his recently published book Cloud Computing. A Practical Introduction to the Legal Issues , British barrister Renzo Marchini gives an interesting introduction to the legal side of cloud computing. This book summarises the legal risks and possibilities of cloud computing in a pleasantly practical manner. Although the author is a practicing barrister, he has specifically avoided going into detail with legal specifications. The book does not require legal knowledge from its readers. If anything, such knowledge is an advantage in understanding some chapters. Therefore this is an interesting and useful reading for both the seller and buyer of services offered in the cloud model. However, the above-stated does not mean that lawyers who deal with information technology topics do not have any reason to look into this book. It is rather difficult to find books in this field that are systematic and comprehensive and do not go deep into the nuances of a specific area of jurisdiction. The book under discussion is just that. After beginning with introducing the concept of cloud computing, its history and development, the author ends with predictions about the future of cloud services. Topics in-between include introduction of relevant terminology and types of cloud services (SaaS, IaaS, PaaS etc.), comparison of cloud services with other types of information technology services (outsourcing, ASP etc.) and a thorough view into data protection and information security topics (including every main problem area of cloud computing and the inspiration sources of sceptics are covered with examples of the most well-known cases from real life). In addition readers are familiarised with the bottlenecks that may occur in relation to licences when taking software into the cloud. The book includes a good table with an overview of the most common restrictions in licence terms that may hinder the use of licensed software in cloud and bring along liabilities of both the licensee and the provider of infrastructural services (IaaS) to the licenser. As in other cases, there are well hidden traps lurking also on using free software in case of cloud solutions. The book introduces these too to the readers and calls them to pay attention to any licence terms. Be it cloud or not, the risks of using free software components are in Estonia also an issue that has gained regrettably little attention in practice. Lawyers might be most interested in Chapter 2 that talks about the choice of law applicable for cloud solutions. Providers and users of cloud services will certainly gain from practical instructions given in all topics. Sometimes these suggestions fill rather effectively the role of a "pocket lawyer by pointing out the important nuances that entrepreneurs should keep in mind while negotiating their contracts. The above-said is not a comprehensive list of all topics covered in the book. The author analyses topics thoroughly by giving a complete overview of the risks and ways to eliminate them that every cloud service provider and user should and ought to know. Simple language and practical focus make reading straightforward and pleasant. --Ave Piik, Attorney at law, Luiga Mody Hääl Borenius

A great introduction, in plain English, to the legal issues surrounding Software as a Service that will no doubt contribute to demystifying the perceived issues around cloud computing. --Christine Giraudon, Snr.Director, Managing Counsel EMEA Legal, Salesforce.com