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 />
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