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ideally the cancellation of the contract, by which the contract will be wound
up and any stipulated notice periods will enter into force, should happen
only after internal preparations for the upcoming transfer.
First of all the data needs to be traceable. From a technical point of view this
does not pose a problem, since the systems of the Cloud provider need to
know where the data, or parts thereof, are located to enable the customer
access to them.
Next, a transfer procedure should be defined. Upon cancellation it is
advisable that the user already employs the new Cloud provider (if such
should exist) for the migration. Such a right for third parties to participate
will however need to be stipulated contractually.
The conclusion to this is the deletion of the data from the systems of the
former Cloud provider. For this proof of the deletion should be agreed, and
it should be stipulated that deletion may only occur once the data has been
migrated successfully.
2.3.6
Procurement, License Law and Penal Law
Public procurement
Procurement of Cloud services falls under the scope of public procurement
law. Therefore public sector and Government contracting bodies will need
to select a Cloud service provider by means of a public tender. Acceptance
of Cloud Computing in the public sector is steadily rising. Therefore public
procurement laws play an ever more important role for the Cloud.
License law
To be able to use the provider’s Cloud services without the danger of
infringing upon the rights of a third party, it is usually necessary for the
Cloud provider, as well as the Cloud user, to obtain the appropriate usage
rights (licenses). The kind, and the extent, of the required rights varies with
the type of Cloud services obtained.
As a rough classification two groups of necessary rights may be
distinguished. Firstly, the rights pertaining to the software employed by the
user; secondly, the rights pertaining to the data migrated by the user, e.g.
regarding copyrighted material. From a licensing the point of view, it is
therefore imperative to check for which software and data licenses are
required and whether the existing licenses will suffice for the usage in the
Cloud. This is simplified if the Cloud provider is also the producer of all
