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Infrastructure as a Service (IaaS) meaning

What does Infrastructure as a Service (IaaS) mean?
In legal practice, infrastructure as a service (IaaS) is the foundational layer of cloud services, in which a customer obtains on-demand access to virtualised compute, storage and networking hosted by a provider, while the customer installs and manages its own operating systems, middleware and applications. Not generally defined in UK or Irish legislation or case law; it is a widely used industry term adopted in cloud services agreements, procurement and regulatory guidance. Key legal features include pay-as-you-go or subscription pricing; provider responsibility for the underlying data centre, hardware and hypervisor; customer responsibility for configuration, security settings and the processing of personal data (shared-responsibility model). Typical contractual issues include SLAs for availability and performance; support; security and audit rights; data protection (UK GDPR/EU GDPR), data location and international transfers; subcontracting and sub-processors; business continuity and disaster recovery; IP ownership in customer content; acceptable use and suspension; liability caps and indemnities; termination, portability and exit assistance to mitigate vendor lock-in. Usage and legal treatment are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, subject to local data protection regimes (UK GDPR vs EU GDPR) and any sectoral outsourcing rules (eg FCA/PRA or EBA guidelines for financial services).
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View the related Practice Notes about Infrastructure as a Service (IaaS)

PRACTICE NOTES
Negotiating UK cloud and outsourcing contracts with hyperscalers and CSPs: buyer guidance on service changes, suspension, termination, liability and audit rights

This Practice Note This Practice Note examines the impact of hyperscalers and leading cloud service providers (CSPs) on IT outsourcing, as well as prevailing market approaches to negotiating and drafting the relevant agreements from a UK purchaser’s standpoint. We now live in an environment in which most technology and business process services are consumed on an ‘as a service’ model; that is, they are delivered through the cloud, either as a turnkey solution or by having the pertinent applications hosted offsite. Although some cloud services target discrete or niche needs, others are extensive and/or mission‑critical and may entail significant levels of contract expenditure. See Practice Note: The evolution of IT outsourcing. Accordingly, market practice is shaped by which provisions are commonly debated and how impacted contracts are framed when engaging with such providers. Against this backdrop, close attention is paid to the contractual terms settled with CSPs, including, though not confined to, the ‘hyperscalers’, namely those offering large‑scale infrastructure as a service (IaaS) and platform as a service (PaaS)...

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PRACTICE NOTES
UK fixed-line telecoms: networks, interconnection, local loop unbundling, broadband, wholesale access, NGNs, cloud and SDN—an at-a-glance guide for commercial lawyers

This Practice Note provides a concise, at-a-glance overview of the fixed line telecoms industry for commercial lawyers. Fixed lines Section 32(1) of the Communications Act 2003 defines an ‘electronic communications network’ as: a transmission system conveying signals of any description by electrical, magnetic or electro-magnetic energy; and associated items used by the provider, in association with that system, for the conveyance of the signals, comprising: apparatus forming part of the system; apparatus for switching or routing the signals; software and stored data; and other resources (except for the purposes of sections 125 to 127), including network elements that are not active. For fixed lines, this encompasses electrical energy in standard conducting cables or wires; electro-magnetic energy within coaxial cables, which can be treated as a kind of waveguide; or light photons for the laser light employed in fibre optics cables. The most common form of telecoms cable...

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PRACTICE NOTES
Austria: Cloud Computing Law and Practice - Q&A on Regulation, Contracts, GDPR, Employment, Insolvency and Tax

Cloud computing—Austria—Q&A guide This Practice Note offers a jurisdiction-specific Q&A on cloud computing in Austria, released within the Lexology Getting the Deal Through series by Law Business Research (September 2022). Authors: MGLP Rechtsanwälte | Attorneys-at-Law—Árpád Geréd. 1. What kinds of cloud computing transactions take place in your jurisdiction? Austria has experienced steadily increasing uptake of cloud services in recent years. While under a decade ago the permissibility of using the cloud was still a lively legal debate, today the majority of Austrian companies rely on cloud propositions, from comprehensive cloud-sourcing to individual tools. Among the various XaaS models, infrastructure-as-a-service (IaaS) and software-as-a-service (SaaS) dominate. Given the high proportion of small and medium-sized enterprises, cloud storage and backup offerings, as well as cloud-based applications, are used most frequently and enjoy very strong acceptance relative to the number of firms. This is also fuelled by even small IT providers supplying managed or cloud options, typically focused on storage and backup. Such services are hosted either in the providers’ own...

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View the related Precedents about Infrastructure as a Service (IaaS)

PRECEDENTS
Cloud Infrastructure (IaaS) Services and Support Agreement with Service Levels, Security, Data Protection and Change Control (England and Wales)

This Agreement is entered into on [ insert date ] Parties 1 [ insert supplier name ] a company registered in England and Wales whose registration number is [ insert company number ] and whose registered office is at [ insert registered office ] ( Supplier ); and 2 [ insert customer name ] a company registered in England and Wales whose registration number is [ insert company number ] and whose registered office is at [ insert registered office ] ( Customer ), (each of the Supplier and the Customer being a party, and together the Supplier and the Customer are the parties ). Background (A) The Supplier operates and administers a range of facilities and supplies a range of services, as further detailed in this Agreement, which the Customer wishes to access for itself and its Authorised Users. (B) The Customer, through its Authorised Users, will be able to access those facilities and services by engaging...

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