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foreseeable problems and delays, the customer's only task here is to pay
closer attention to the functionality of the data and applications to be
transferred arising from the migration.
One major issue at this stage is that of keeping an eye on distributing one's
own data and creating offline backups, in order to be able to delete the data
as quickly as possible following the successful migration.
Required or voluntary involvement of third parties
The involvement of a third party is always necessary if the original provider
transfers data or data components to servers operated by a third party
acting as a subcontractor. For this reason, a contractual agreement should
ensure that the Cloud service provider delegates its obligations in terms of
locatability, transferability and deletion to this third party.
Third parties involved − typically on request by the customer − on a
voluntary basis are, for example, experts or fiduciaries who monitor the
migration process, but could also be the new Cloud service provider. It is
always advisable to involve the latter as the new Cloud service provider can
most easily ensure that the migration occurs in a way that allows for a
trouble free transfer to and use of the data and applications on its own
systems. Once the new Cloud service provider is known, it should be
involved in the migration process for reasons of practicability alone. Whilst
the previous provider, ignoring liability and warranty issues at the present
time, has little interest on making the transition as efficient as possible, this
interested is all the more vested in the case of the new Cloud service
provider. Independent third parties such as experts or engineers give he
user an additional safety net, which can be called in specifically to handle
the transfer of critical data or applications, and to monitor the migration
process. At the end of the day, the budget assigned to the migration, and its
nature and scope, will decide whether a company voluntarily involves third
parties. Of course, the budget must reflect the importance of the data to be
transferred.
The contract should also stipulate that these third parties are given access as
necessary for migration, and if needed access to the systems involved, both
by the Cloud service provider and its subcontractors.
Data deletion
When a Cloud service contract is terminated, deletion of the existing data is
an essential element. However, this should not occur until it is entirely
certain that all of the data and applications have been successfully
