Nestlé Legal | ISACA conference | Abel Mac Van

ISACA ConferenceKey Legal Considerations 15 September 2014

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Agenda

- Importance of a Contract- Contract clauses- Conclusion

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Importance of a Contract

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Setting the scene..

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Importance of a Contract

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Importance of a Contract

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The particular legal issues that arise in the context of cloud computing can be mitigated against by businesses keen to use it because of the significant commercial advantages that it provides. Ideally, cloud customers should undertake due diligence into their CSPs at the outset to determine which jurisdictions documents are likely to be stored in and therefore which national laws will be at play. It is also good practice to engage with CSPs about their procedures for dealing with disclosure requests from third parties (whether courts or government/regulatory bodies) in order to gauge the CSP’s awareness of the issues and their processes for considering and responding to such requests.

Contract – Parts: the Usual Suspects

- Liability- Data protection- Subcontractor- Third Party Applications- Right to audit the vendor- Exit Clause- Unilateral change to contracts

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- Price Protection- Volume Protection- Alignment internally

Legal ProcurementSecurityData Protection Business / Ops

Liability

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Data Protection

- Privacy becomes major concern

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Sub-Contractor Clauses

- Privacy becomes major concern

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Third Party Applications

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Right to Audit the vendor

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Exit Clause

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Unilateral change to contracts

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Key Take-aways

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Key Take-aways

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Q & A

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Any questions ?