The supply of technology as a service has grown exponentially in recent years thanks to Cloud Computing, whereby vendors (mainly influential US multinationals) provide businesses and consumers with various types of IT services via the web. 

After years of in-house development and management complexity, companies are finding that their proprietary IT systems are unable, even with significant investment, to adapt to the push of innovation that has become too fast and disruptive: the in-house management model is no longer up to the challenges of managing progress.  

To survive and thrive you need to be able to harness powerful computational forces, social media, elastic storage spaces and all the latest technologies quickly, with maximum agility, to avoid being penalized in an increasingly global and competitive market. 

IUSINTECH has specialized expertise on the new business models of the data economy and is able to analyze the most crucial legal aspects related to Cloud service contracts, which are mostly drafted according to complex formats atypical for the European market, because they are based on Common Law principles. 

The rise of the Cloud is causing worrying contractual asymmetry profiles and trasparency issues which need to be offset by a revised approach both at institutional level (national and transnational debate, in which Iusintech is actively involved), and with an adequate awareness of negotiations on the part of the user himself, who can no longer disregard the prior assessment of short, medium and long-term risks which must include an accurate analysis of the legal aspects of the contract.  

In this field we are able to assist SMEs in: 

• analysis of Cloud service contracts 
• selection of the best provider on the basis of the company’s needs and organizational characteristics  
• selection of the best provider based on the type of data processed 
• migration to a new provider 
• System implementation (e.g. Multi Cloud / Hybrid Cloud) and assessment of cybersecurity aspects 
• negotiation of the most critical conditions of the contract (e.g. SLA, liability, compensation ceilings, etc.)
• setting up innovative monitoring tools to verify the quantity and quality of the service in accordance with the obligations assumed by the providers and payments based on the actual supply provided  
• assistance in case of data violation, dispersion or loss   

but also support Italian Cloud Providers in:

• preparation of contractual clauses in compliance with the GDPR, industry guidelines and national and EU standards (e.g. CISPE Certification, Data Protection Code of Conduct).
• insurance aspects concerning the Cloud Computing market
• litigation surrounding this subject.