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There are 4 modules in this course
Have you ever wondered what’s in the small print of cloud contracts? Or who owns the information you upload to the cloud? And who can access and control it? If so, then this course is for you! You’ll learn to identify the legal risks involved in cloud computing transactions - and to suggest possible solutions.
To understand how cloud computing works, we’ll first describe different kinds of cloud services and explain how they differ from in-house IT in terms of control, access, and cybersecurity. To understand how the law applies to cloud computing transactions, we’ll focus on the contracts between cloud providers and their customers. You’ll learn to identify and interpret key contract terms and to assess whether customers might negotiate better terms with providers. Finally, we’ll explain how English law protects trade secrets and copyright works stored in the cloud.
If you’re a lawyer, this course will be your guide to cloud infrastructure and supply chains. If you have a technical or commercial background, this course will introduce you to key legal issues in contracts and intellectual property. In short, if you’re interested in how the law applies to cloud computing, this course is for you.
This week, we cover the basics of cloud computing. We look at how cloud computing technology works and how it differs from traditional, in-house IT. We explain that cloud is not 'one thing': instead, there are different service types and deployment models, as well as so-called 'layered' services. We then look at the legal implications of different cloud services. Finally, we consider the importance of data location and the relationship between cloud customers and providers. By the end of this week, you will be able to identify the legal and regulatory risks that a potential cloud customer should consider.
What are the different cloud service types?•5 minutes
What are the different cloud deployment models?•6 minutes
What is cloud layering?•4 minutes
Is cloud computing secure?•7 minutes
How do you manage cybersecurity in the cloud?•7 minutes
Do service types and deployment models matter for security?•6 minutes
9 readings•Total 117 minutes
Introducing: Christopher and Dave•3 minutes
What is the Cloud Legal Project?•1 minute
The NIST Definition of Cloud•5 minutes
Defining cloud service types•5 minutes
Defining cloud deployment models•5 minutes
Cloud market shares•5 minutes
Cloud Technologies and Services•45 minutes
Control, security, and risk•45 minutes
A message from your instructors•3 minutes
3 assignments•Total 70 minutes
Cloud Technology•20 minutes
Cloud Security•20 minutes
Case Study•30 minutes
2 discussion prompts•Total 30 minutes
Your experience: cloud services •15 minutes
Your experience: analysing your cloud services •15 minutes
Standard Cloud Contracts
Module 2•6 hours to complete
Module details
The relationship between the cloud customer and the provider is governed by contract. Cloud contracts set out the parties' rights and obligations. They also cover issues such as choice of law and forum, liability in case of breach of contract, how changes might be made, and what happens when a contract is terminated. This week, we look at the clauses typically found in standard cloud contracts and what these might mean in practice for both customers and providers. We highlight how these clauses can differ per provider - and how cloud contracts differ from other IT contracts, such as those for outsourcing and IP licensing. By the end of this week, you should describe the terms a cloud customer is likely to find in standard cloud contracts.
What is a contract and how is it formed?•3 minutes
How are cloud contracts formed?•5 minutes
Can you choose the applicable law?•3 minutes
Who are the contracting parties to cloud contracts?•2 minutes
Do cloud contracts contain choice of law clauses?•3 minutes
Can you choose forum / arbitration?•4 minutes
Do cloud contracts contain choice of forum clauses?•6 minutes
Which remedies are available for breach of contract?•5 minutes
What are cloud providers' duties under contract?•3 minutes
What do cloud contracts say about remedies?•5 minutes
Can you limit liability under English law?•5 minutes
Can a provider terminate your account?•6 minutes
4 readings•Total 183 minutes
How did we survey cloud contracts?•3 minutes
Standard contracts for cloud services•60 minutes
Breaches and remedies in cloud contracts•60 minutes
Termination, variation, and IP in cloud contracts•60 minutes
3 assignments•Total 60 minutes
Formation, choice of law, and choice of forum•15 minutes
Remedies for breach of contract•15 minutes
Case Study•30 minutes
5 discussion prompts•Total 75 minutes
The merits of standard form contracts•15 minutes
Which laws and forums apply to you?•15 minutes
The risk of law & forum shopping•15 minutes
To which liability disclaimers are you subject?•15 minutes
Is it reasonable for cloud providers to exclude liability?•15 minutes
Negotiated Cloud Contracts
Module 3•4 hours to complete
Module details
Standard cloud contracts typically favour the provider. However, large businesses or government departments can sometimes negotiate more favourable terms with cloud providers. This week, we look at the factors that influence whether cloud providers will negotiate terms with customers, as well as the terms customers want to negotiate - and how those negotiations typically develop. By the end of this week, you will be able to describe a cloud customer's prospects for negotiating contract terms with a cloud provider.
Do cloud negotiations differ from outsourcing / software licenses?•6 minutes
Can you negotiate liability terms?•6 minutes
Can you negotiate clauses related to security?•7 minutes
Can you negotiate audit rights? •6 minutes
Can you negotiate terms related to data location?•7 minutes
Do regulations impact cloud negotiations?•4 minutes
6 readings•Total 118 minutes
How did we research cloud contract negotiations?•3 minutes
Negotiating contracts for cloud services•30 minutes
Negotiating liability and service levels•30 minutes
Negotiating security-related terms•20 minutes
Negotiating terms to comply with regulations•20 minutes
Changes over time•15 minutes
3 assignments•Total 70 minutes
Negotiating liability terms•20 minutes
Negotiating security and data location terms•20 minutes
Case Study•30 minutes
2 discussion prompts•Total 30 minutes
Why are cloud providers hesitant to accept liability?•15 minutes
Do customers need audit rights?•15 minutes
Intellectual Property in the Cloud
Module 4•4 hours to complete
Module details
This week, we look at questions of 'ownership' of information stored, created, processed, and distributed in cloud environments. We examine the information flows between cloud providers and their customers and distinguish between content that is stored and processed by users, from information generated by cloud providers. We'll see that, although intellectual property law may determine ownership rights in relevant information, the law does not necessarily achieve what parties to cloud computing transactions expect or need. Moreover, in practice, ownership may be less important than control over, and access to, information. By the end of this week, you will be able to describe how a cloud customer can protect and control information in the cloud.
What's included
12 videos7 readings4 assignments
Show info about module content
12 videos•Total 55 minutes
Welcome to IP in the Cloud!•2 minutes
Can you own digital information?•4 minutes
Who are the relevant players?•3 minutes
How can digital information be controlled? •5 minutes
Control: Who has it and what are the types?•5 minutes
How do cloud ToS deal with IP licenses?•4 minutes
Is copyright the most relevant IP right?•6 minutes
How does copyright enable legal control?•5 minutes
What are trade secrets?•5 minutes
Which types of information do customers generate?•5 minutes
Which types of information do providers generate?•6 minutes
Concluding Remarks•5 minutes
7 readings•Total 110 minutes
Introducing: Chris Reed•2 minutes
What is ownership? •15 minutes
Ownership rights in information•20 minutes
Copyright, control, and Martin v Kogan •15 minutes
Information flows in the cloud•40 minutes
Data sharing and data trusts•15 minutes
Congratulations from your instructors•3 minutes
4 assignments•Total 75 minutes
Ownership, players, and control•15 minutes
Copyright and trade secrets•20 minutes
Types of information•10 minutes
Case Study•30 minutes
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