What does Cloud computing mean? Cloud computing describes the provision of computing resources (such as infrastructure, platforms and software—often referred to as IaaS, PaaS and SaaS) over the internet by a third‑party provider, on an on‑demand, scalable, multi‑tenant basis. The term originated from network diagrams depicting the internet as a “cloud”, but in legal practice it now refers to remote hosting and delivery of IT services. It is a descriptive expression rather than a single statutory term, though specific regimes (for example the UK’s NIS Regulations and Irish/EU NIS framework) define “cloud computing service” for cybersecurity oversight. Usage and legal issues are broadly consistent across...
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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.
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 data centres or co-located at facilities of a larger operator, predominantly in Austria or Germany...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...