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October/November 2015 Digital Edition

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cloud provider has the appropriate<br />

security measures in place to satisfy<br />

those requirements.<br />

• Liability and damages. also,<br />

be on the lookout for broad exclusions<br />

of liability in cloud provider<br />

agreements. Understand who assumes<br />

liability if data loss occurs<br />

and whether that liability extends<br />

to costs the agency may incur in the<br />

event of an outage.<br />

• Indemnification. in the contract<br />

negotiating process, consider<br />

seeking indemnification for iP infringement,<br />

applicable law, data<br />

protection legislation, regulatory<br />

breaches and losses suffered as a result<br />

of data being removed. While it<br />

may be unlikely to secure this level<br />

of protection, it is recommended<br />

that you request it.<br />

• Warranties. cloud provider<br />

agreements should include performance<br />

warranties for service, reliability<br />

and accuracy. it’s easy to<br />

assume that these warranties are implied,<br />

but if they are not included in<br />

the agreement, it may mean the provider<br />

doesn’t intend to honor them.<br />

request that the contract specify the<br />

relevant warranties.<br />

• Updates and patches. typically,<br />

the cloud provider is contractually<br />

responsible for regularly updating<br />

More on page 26<br />

13

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