There is no data showing how many people actually click on the attractive “accept” button after reading click agreements, Terms of Service (ToS) and privacy policies (collectively the “online term”). However, there is research that indicates less than 1 percent of people take time to review the terms online. Most people consider online terms to be an annoying speed bump and clearly do not care.
The 99 percent who circumvent them believe that the online terms contain only provisions or statutory privacy notices generally accepted by courts around the world. They will not, for the most part, be mistaken. Courts generally uphold the online terms because acceptance of click agreements confirms that users agree.
Why cloud users should take care
Among the various issues, one reason cloud users should keep in mind is that cloud providers bear no contractual responsibility for cyber security incidents. Another important concern is the location of a business’s data, as the courts enforce the laws of the country where the data is located when enforcing legal jurisdiction. Therefore, determining where your cloud data will be stored is actually worth negotiating.
Another important consideration is the number of online links that can be included in a cloud click agreement. For example, any cloud click agreement can have 20 to 30 embedded online links, but some businesses take time to review online links, let alone negotiate the terms of each.
Recently, our firm negotiated a two-page purchase order related to online sales tax services. It turned out that there were 25 different sets of online terms that we had to review.
Most cloud providers will negotiate key legal provisions in click agreements and online links, but some businesses take time to dig into agreements to think through potential problem areas.
Internet jurisdiction in the cloud
Where data resides in the cloud is very important, because if data is stored in the European Union, it is likely that the European Union’s General Data Protection Act (GDPR) will govern how personal data is managed. However, if the data is in the U.S. If the bank belongs to the bank In order to comply with the rules, the cloud service provider must communicate with the data provider to ensure that its data is in the U.S. Is placed in
Unfortunately, not all businesses consider Internet jurisdiction unless they have issues. So if the location of company data matters to your company, it can be an important point for interaction. Be aware, however, that choosing a location is likely to increase costs.
Cloud security is the responsibility of the user
As an example, the following is the section 4.3 (AWS) Customer Agreement of Amazon Web Services:
You should not be surprised to learn that all cloud providers have the same online terms. Cloud providers typically expect their users to bear these burdens.
Leaders of Information Technology (IT), including Chief Information Officers (CIOs), Chief Information Security Officers (CISOs), Chief Privacy Officers (CPOs) and Chief Technology Officers (CTOs), certainly know and understand that providing cloud security measures This is their burden to do when their companies use cloud technology.
Service level agreement in online link
Embedded online links in a one click agreement may seem insignificant, but a cloud provider often includes a separate link to service level agreements (SLAs) if nothing else. Of course, all cloud providers offer an SLA regarding uptime availability and response time with cloud issues. The terms of the SLA are very important, but many cloud users do not bother to interact with uptime, which can actually lead to higher costs for better service.
For example, if the SLA for your cloud provider is 95 percent over a 12-month period, it means that the cloud provider may be down 438.3 hours (or 18.2625 days) per year. However, if the cloud provider was consistently down for 18.2625 days, it would definitely harm cloud customers.
Negotiating a SLA for a 30-day period may be better for your business.