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From here to uncertainty: the lifecycle of a Cloud project procurement in 2013

Picture the scene if you will: The Monday morning ‘IT steering group’ meeting meanders on and the third cup of coffee is nearly gone, when the excitement in the voice from the IT stakeholder becomes audible, it has been approved. Cut to a wide shot of all the attendees in the room, staring at the lawyer...

If 2013 is going to be known for anything in technology, it will be the year when many businesses undertake their first significant cloud computing project. In this CCF we looked at the lifecycle of the procurement of a cloud project, from the initial ‘green-light’ to the signature on the contract - and the issues faced by the legal advisor throughout the project including:

  • Industry actions: Rachel Iley from our Competition Team examined the battle of the industry approved cloud standards as the supplier community looks to re-assure customers on issues such as data security and portability. In particular she updated us on where industry offerings are, how these can interact with contract terms and the regulatory issues impacting on these standards.
  • Business Pressures: risk appetites remain low and seem to get lower in an ever more regulated world. Andrew Joint from our Commercial Technology Team identified how contractual terms have developed in the last year or so and how different sectors are dealing with the risks.
  • Government intervention: Calum Murray from our Commercial Technology Team noted that the slow cranking wheels of legislation and regulation have turned again, and data protections laws and government surveillance legislation amongst others continue to move on. He looked at the legislation through the “Cloud computing” lens now being frequently used and how this impacts on the cloud procurement process.
  • Data Considerations: Paul Hinton from our Commercial Technology Team highlighted that the question of the “what” is being put in the cloud becomes more and more important as the “how” is better understood - the content of the data needs to be considered early in the project lifecycle to ensure you get maximum benefit from the project. He looked at the impact such data knowledge can have on contractual documents, scope and risk.

Speakers

Andrew Joint, Partner, Kemp Little;
Calum Murray, Partner, Kemp Little;
Paul Hinton, Partner, Kemp Little;
Rachel Iley, Senior Associate, Kemp Little;

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