Cloud computing, Software as a Service (SaaS), Software on Demand, or Application Service Provider (ASP) services. While it is not yet clear what this model will actually be called, everyone agrees that it has become part of everyday life.
Cloud computing (the term we’ve chosen to use) is about making software services and data available on request. This has certain advantages, but poses (legal) risks as well. If a provider discontinues its services, can users continue to use their data? Does the data actually belong to the user? May the data be stored in the USA? And what compensation can be claimed if the service is unavailable for a certain period of time?
Therefore, it is important to clearly define your position as a cloud-computing service provider (or as a purchaser of these services). The following points require extra attention:
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Resellers conclude their own contracts with clients, even if the services are provided by the ultimate provider. The reseller’s clients cannot simply turn to that provider in the event of damages or other claims.
You are legally required to inform your clients and visitors clearly about what privacy-sensitive data you collect and for what purpose.
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