Click here to download the Cloud computing 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 17 jurisdictions are covered in this report:

Argentina; Australia; Bangladesh; Belgium; Brazil; China; France; Germany; India; Japan; Korea; New Zealand; Poland; Sweden; Switzerland; United Kingdom; United States

Questions

The set of questions relating to the topic of cloud computing and answered by the guide for each jurisdiction covered include:

Market overview

• • What kinds of cloud computing transactions take place in your jurisdiction?
• • Who are the global international cloud providers active in your jurisdiction?
• • Name the local cloud providers established and active in your jurisdiction. What cloud services do they provide?
• • How well established is cloud computing? What is the size of the cloud computing market in your jurisdiction?
• • Are data and studies on the impact of cloud computing in your jurisdiction publicly available?

Policy

• • Does government policy encourage the development of your jurisdiction as a cloud computing centre for the domestic market or to provide cloud services to foreign customers?
• • Are there fiscal or customs incentives, development grants or other government incentives to promote cloud computing operations in your jurisdiction?

Legislation and regulation

• • Is cloud computing specifically recognised and provided for in your legal system? If so, how?
• • Does legislation or regulation directly and specifically prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?
• • What legislation or regulation may indirectly prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?
• • What are the consequences for breach of the laws directly or indirectly prohibiting, restricting or otherwise governing could computing?
• • What consumer protection measures apply to cloud computing in your jurisdiction?
• • Describe any sector-specific legislation or regulation that applies to cloud computing transactions in your jurisdiction.
• • Outline the insolvency laws that apply generally or specifically in relation to cloud computing.

Data protection/privacy legislation and regulation

• • Identify the principal data protection or privacy legislation applicable to cloud computing in your jurisdiction.

Cloud computing contracts

• • What forms of cloud computing contract are usually adopted in your jurisdiction, including cloud provider supply chains?
• • What are the typical terms of B2B public cloud computing contract in your jurisdiction covering governing law, jurisdiction, enforceability and cross-border issues, and dispute resolution?
• • What are the typical terms of B2B public cloud computing contract in your jurisdiction covering material terms, such as commercial terms of service and acceptable use, and variation?
• • What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering data and confidentiality considerations?
• • What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering liability, warranties and provision of service?
• • What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering intellectual property rights (IPR) ownership in content and the consequences of infringement of third-party rights?
• • What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering termination?
• • Identify any labour and employment law considerations that apply specifically to cloud computing in your jurisdiction.

Taxation

• • Outline the taxation rules that apply to the establishment and operation of cloud computing companies in your jurisdiction.
• • Outline the indirect taxes imposed in your jurisdiction that apply to the provision from within, or importing of cloud computing services from outside, your jurisdiction.

Recent cases

• • Identify and give details of any notable cases, or commercial, private, administrative or regulatory determinations within the past 3 years in your jurisdiction that have directly involved cloud computing as a business model.