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This self-evidently includes a data processing agreement, but a good cloud contract entails much more.

• It is important to lay down whether or not the functioning and availability of the cloud service is guaranteed. Take a look at our factsheet ‘Continuity in the cloud’ for more information.
• Have measures been put in place to prevent unavailability and data breaches, and if so, what are they?
• Is the provider providing all the services by itself, or are other parties contractually involved (such as data centres and external developers)?
• Where can the systems run and where are client data stored?
• Which national law do the parties wish to apply to the agreement?
• Could the purchaser turn to the provider for support, and if so, when and on what conditions?

• What happens to the purchaser’s data in the provider’s systems if the parties end their relationship?
• Under which circumstances is the provider entitled to suspend services?
• Who holds the rights to components that are specifically tailored to the purchaser’s business?
• Which responsibilities rest with the client?

The above areas of concern are a few examples of what must be covered in cloud contracts.

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