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From Here to Uncertainty: Legal Issues in Procuring a Cloud Computing Solution

17 April 2013. Ian Dunn – Assistant General Counsel at KPMG LLP Andrew Joint – Partner at Kemp Little LLP. From Here to Uncertainty: Legal Issues in Procuring a Cloud Computing Solution. Agenda. Nearly lunch… Speakers General legal issues in cloud use/procurement

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From Here to Uncertainty: Legal Issues in Procuring a Cloud Computing Solution

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  1. 17 April 2013 Ian Dunn – Assistant General Counsel at KPMG LLP Andrew Joint – Partner at Kemp Little LLP

    From Here to Uncertainty: Legal Issues in Procuring a Cloud Computing Solution

  2. Agenda Nearly lunch… Speakers General legal issues in cloud use/procurement The Cloud Use/Procurement Filter* Practically applying the CU/PF™ *we’ll admit, not the snappiest name…
  3. General Issues In Cloud Use/Procurement Legal Issues: IPR DPA Confidentiality Negligence Cloud Specific Issues: Transition/implementation/transformation Exit Audit/security SLAs
  4. Filtering Issues for Cloud Use/Procurement
  5. Regulatory/Governing Bodies Typically Professional Services firm have governing body Often certification Usually some form of binding code/regulations
  6. Regulatory/Governing Bodies (2) Solicitors Law Society/SRA Code of Conduct/Practice Notes Actuaries The Institute and Faculty of Actuaries The Actuaries Code Architects ARB/RIBA Architects Code/RIBA Code
  7. Other Specific Issues Standard Terms/Data Access UCTA/Reasonableness “With great power, comes great responsibility”
  8. Other Specific Issues (2)
  9. How does this work in practice? KPMG (Audit, Tax and Advisory services) Global network of professional firms Audit, Tax and Advisory Services 156 countries worldwide Combined global revenues of US$23Billion How can technology help KPMG? A leading firm: Our desire to be at the forefront of technology offering innovation and efficiencies to clients and creating our own infrastructure efficiencies through use of technology solutions. An example of a technology solution and the checklist in action: Cloud storage. ‘High-knowledge Intensity’ – results in a lot of data. There are a variety of data solutions offered by third parties Case Study: KPMG
  10. How does this work in practice(2)? Any data solution must meet our regulatory requirements Our Regulators/s.130 & 140 ICAEW Code of Ethics Confidentiality/guidelines/sanctions Any contract terms must align with terms we have in place with clients Our business terms/our liability The approach of third party providers The solution must meet market and client expectations Our reputation is key No unnecessary risk for clients Must meet internal expectations Our partnership structure KPMGI (global strategy) Achieve the right result The Professional Services Checklist
  11. Questions?
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