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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Looking to join powers with an other company? Then a clear contract is a prudent idea.
Whenever you transfer personal data to a ‘third country’ (every country outside the European Economic Area), you have to assess whether this is allowed under the General Data Protection Regulation (‘GDPR’).
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