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Published byAllen Mosley Modified over 9 years ago
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Cloud Computing and the Public Sector Risks and Rewards John O’Connor, Partner - Head of Technology & Commercial Contracts
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INTRODUCTION Public Sector Outsourcing UK (Varney Report), US, Australia and others Ireland has not undertaken any large outsourcing deals Reform and transformation of public sector
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OPPORTUNITIES IN THE CLOUD
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Cloud Computing Defined? “A bundle of traditional IT services using the Internet or “Cloud” as the delivery channel” Services: storage, database capabilities; Platform: application development in a multi-tenant environment; Software: turnkey applications delivered online; Infrastructure: delivery of computer infrastructure and related managed services.
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OPPORTUNITIES IN THE CLOUD cont’d.. Public Cloud, Private Cloud (also hybrid models) US – Federal Cloud Computing Strategy - Feb 2011 UK - ICT Strategy - G cloud – March 2011 Common features include: Private or hybrid model with trusted public clouds Data to be hosted on shore in home country Compliance with laws and regulations Minimum standards and levels of service Data control, data security and data access guarantees
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RISKS IN THE CLOUD
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Security, integrity and confidentiality of data Availability of data and systems – readily accessible data Compliance with laws and regulations Data Protection Laws (data processing, security and location of data) Statutory duty and some laws unique to the Public Sector Ability to audit, monitor compliance Compliance with contracts with third parties Service failure Poorly written and/or very one sided contract with cloud provider
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RISKS IN THE CLOUD cont’d … Principal contractual/legal issues Limitations and Exclusions of Liability (i.e. disclaimers) Choice of Law and Jurisdiction Data Protection other applicable laws and regulations Strength and specifics of obligations including SLAs / KPIs Ability to termination for persistent or material breach Ability to migrate data on termination – avoiding lock-in Ability to audit/monitor service delivery, security and integrity of data Scope and detail of force majeure, down-time
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RISK MITIGATION
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Risks can be managed, mitigated commercially and legally But, there is a trade-off Contract should be carefully reviewed commercially and legally Conclusion
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