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Virtualisation meaning

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What does Virtualisation mean?
In IT, outsourcing and cloud contracts, virtualisation describes the use of software (a hypervisor) to abstract physical computing resources—processing/CPU, memory, storage and networking—from the operating systems and applications, so that multiple isolated virtual machines (and, in some cases, containers) run on shared hardware and behave like physical equivalents. The term is descriptive rather than defined by UK or Irish legislation or case law, and its usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Key legal points: - Scope: applies to server, storage, network and application virtualisation, including on‑premises, private and public cloud (e.g. IaaS). - Software licensing: core/CPU and vCPU metrics, partitioning/cluster rules, cloning and snapshots can affect entitlement, audit rights and compliance exposure. - Data protection and security: multi‑tenancy, logical segregation, access controls, patching of hypervisors/guest OS, and logging should be addressed contractually. - Service levels and performance: capacity management, resource contention, and “noisy neighbour” risks impact SLAs and credits. - Portability, exit and business continuity/disaster recovery: rights to create, copy, migrate and retrieve images/snapshots, live migration and replication can affect data location/residency and exit assistance. - Responsibility matrix: clarify provider/customer responsibilities for configuration, updates, incident response and third‑party sub‑processors.
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View the related Practice Notes about Virtualisation

PRACTICE NOTES
EU merger control: Broadcom/VMware (M.10806) cleared with interoperability commitments addressing FC HBA foreclosure; decision summary, remedies and timeline; appeal pending before the General Court

CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED — this case hub records the position as at the decision of 12 July 2023 and is no longer being maintained. See further, timeline. Case facts Outline European Commission merger review of Broadcom’s proposed acquisition of VMware (M.10806). The transaction entails horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the deal subject to commitments. The Commission was concerned Broadcom would have the ability and incentive to foreclose Marvell, the sole rival in the market for FC HBAs, by limiting or degrading interoperability between VMware’s server virtualisation software and Marvell’s hardware. To address these issues, Broadcom offered: guaranteed access to the interoperability application programming interfaces, as well as the materials, tools and technical support required for developing and certifying third-party FC HBAs; a commitment to ensure interoperability with VMware’s server virtualisation software,...

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