103
If a court residing in an EU member state judges the case, enforcement
within the EU is ensured. However, the different quality and duration of
proceedings in the member states of the EU should be taken into account.
If the need arises to enforce a court decision outside of the EU, or if a court
residing outside of the EU makes the judgement, which is now to be
enforced in Europe, recognition and enforcement of the judgement is only
guaranteed if corresponding international agreements exist between the
countries involved.
However, agreements on recognition and enforcement only exist with
selected countries, so that the actual enforceability of a judgement outside
of the EU cannot be guaranteed. For example, there is no agreement
between Austria and the USA, or between Germany and the USA.
Terms for terminating the contract
Termination of the contract plays a very significant role in Cloud computing
contracts. Just like in, e.g., outsourcing the customer has outsourced a more
or less important part of their business, or at least something that they will
not want to do without. The data and applications migrated into the Cloud
thus need to be returned to the customer on termination of the agreement,
or forwarded to another service provider.
Note that, under ideal circumstances, the contract should not be
terminated, thus shifting the contract into the winding up stage and
triggering all envisaged deadlines, until internal preparations for the
imminent transfer have been completed. In practical terms, and where the
external conditions that necessitate a short‐term cancellation are not given,
termination occurs at the end and not at the beginning of the transfer
process, which was preceded by a longer preparation time, followed by a
relatively short time in which the data and applications are actually
migrated.
3.3.8
Post Termination Issues
Locatability and transferability of the data
The ability to locate the data may seem to be a major obstacle at first sight,
especially considering the use of various datacentres in various countries,
but this is not so from a technical point of view. The Cloud service provider's
systems always need to know where the data or their components are
stored in order to give the customer access to this data. These protocol files
typically create the foundation for finding one's own data, no matter where
they happen to be stored.
