ISACA Conference Key Legal Considerations 15 September 2014

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Presentation transcript:

ISACA Conference Key Legal Considerations 15 September 2014 Nestlé Legal | ISACA conference | Abel Mac Van

Importance of a Contract Contract clauses Conclusion Agenda Importance of a Contract Contract clauses Conclusion Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Importance of a Contract Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Setting the scene.. Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Importance of a Contract Nestlé Legal | ISACA Conference |Abel Mac Van 15 September 2014

Importance of a Contract The particular legal issues that arise in the context of cloud computing can be mitigated against by businesses keen to use it because of the significant commercial advantages that it provides. Ideally, cloud customers should undertake due diligence into their CSPs at the outset to determine which jurisdictions documents are likely to be stored in and therefore which national laws will be at play. It is also good practice to engage with CSPs about their procedures for dealing with disclosure requests from third parties (whether courts or government/regulatory bodies) in order to gauge the CSP’s awareness of the issues and their processes for considering and responding to such requests. Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Contract – Parts: the Usual Suspects Legal Data Protection Business / Ops Security Procurement Liability Data protection Subcontractor Third Party Applications Right to audit the vendor Exit Clause Unilateral change to contracts Price Protection Volume Protection Alignment internally Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Liability Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Privacy becomes major concern Data Protection Privacy becomes major concern Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Sub-Contractor Clauses Privacy becomes major concern Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Third Party Applications Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Right to Audit the vendor Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Exit Clause Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Unilateral change to contracts Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014

Key Take-aways Nestlé Legal | ISCA Conference | Abel Mac Van 15 September 2014

Key Take-aways Nestlé Legal | ISCA Conference | Abel Mac Van 15 September 2014

Q & A Any questions ? Nestlé Legal | ISACA Conference | Abel Mac Van 15 September 2014