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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)...
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...
This Practice Note outlines cloud computing concepts and sets out the core principles shaping the UK cloud market. It covers: History of cloud What is cloud? Software as a service (SaaS) Platform as a service (PaaS) Infrastructure as a service (IaaS) Deployment models Benefits and risks Relationship to outsourcing Legal issues Cloud terminology Detailed guidance on cloud-related legal issues appears in Practice Note: Cloud computing—key legal issues, together with an examination of typical contractual terms and negotiating positions. See also Lexology Panoramic: Cloud Computing Precedent: Software as a service (SaaS) agreement—pro-customer The pro-supplier Precedent suite: Software as a service (SaaS) agreement—master SaaS terms—pro-supplier Software as a service (SaaS) agreement—order form—pro-supplier UK GDPR—software as a service (SaaS) agreement—data protection addendum—pro-supplier Software as a service (SaaS) agreement—acceptable use policy—pro-supplier Precedent: Infrastructure as a service (IaaS) agreement ...