"Lawyers balk at cloud computing contracts because they don't have all the facts. Until they have all the facts, the lawyer can't give you legal advice," observes "David Wells" (a pseudonym for a Fortune 500 corporate counsel who requested anonymity).
Wells notes that cloud questions are similar to those journalists are supposed to ask: who, what, where, when, why, and how. His suggested questions are echoed by other lawyers:
- Why are we thinking of a public cloud? What are the tradeoffs to keeping the data internally?
- What kind of data are we putting in the cloud? Is it personally identifiable or sensitive?
- Where are the servers going to be located? What are the governing privacy laws?
- How is the data stored and transmitted? Will it be encrypted or not?
- Who has access to the data? How is it physically protected?
- When will we be notified if there's a breach?