Cloud computing—Germany—Q&A guide

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Cloud computing—Germany—Q&A guide
  • 1. What kinds of cloud computing transactions take place in your jurisdiction?
  • 2. Who are the global international cloud providers active in your jurisdiction?
  • 3. Name the local cloud providers established and active in your jurisdiction. What cloud services do they provide?
  • 4. How well established is cloud computing? What is the size of the cloud computing market in your jurisdiction?
  • 5. Are data and studies on the impact of cloud computing in your jurisdiction publicly available?
  • 6. Does government policy encourage the development of your jurisdiction as a cloud computing centre for the domestic market or to provide cloud services to foreign customers?
  • 7. Are there fiscal or customs incentives, development grants or other government incentives to promote cloud computing operations in your jurisdiction?
  • 8. Is cloud computing specifically recognised and provided for in your legal system? If so, how?
  • 9. Does legislation or regulation directly and specifically prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?
  • More...

Cloud computing—Germany—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to cloud computing in Germany published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020).

Authors: Greenberg Traurig LLP—Dr. Laura M. Zentner; Dr. Viola Bensinger

1. What kinds of cloud computing transactions take place in your jurisdiction?

All types and service models of cloud computing are used in Germany. In the private sector, and both in B2B and B2C relationships, the use of software-as-a-service (SaaS), infrastructure-as-a-service (IaaS) and platform-as-a-service (SaaS), including storage, is common. Owing to security concerns, companies prefer private cloud computing rather than a public cloud. However, according to the most recent ‘Cloud-Monitor’ – a study by German industry association Bitkom and KPMG AG – public cloud models are gaining ground, with more and more companies willing to store information in public clouds. Nevertheless, the most important factor for companies in selecting a cloud provider is compliance with the EU General Data Protection Regulation (GDPR).

German government agencies also increasingly rely on cloud computing services. The ‘federal cloud’, a lighthouse project established in 2016 and operated by the Federal Information Technology Centre (ITZ Bund) offers IaaS (eg, Federal Cloud Server), PaaS (eg, Federal Cloud Development Environment) as well as SaaS (eg, Federal Cloud Runtime Environment). Ensuring that data is stored in Germany, it is to become the standard

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