Cloud computing—USA—Q&A guide

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

  • Cloud computing—USA—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—USA—Q&A guide

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

Authors: Duane Morris LLP—Manita Rawat; Matthew C. Mousley

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

All manner of cloud computing transactions take place in the United States, including public, hybrid and private cloud models and software-as-a-service (SaaS), infrastructure-as-a-service (IaaS) and platform-as-a-service (PaaS) models. There is a growing trend in both the private and public sectors to utilise cloud offerings not only for the benefits of such offerings over legacy models, but out of necessity, as a growing number of products and services procured by businesses and governmental entities are being replaced by cloud-only offerings.

The most common examples of public cloud offerings are service providers who provide software applications (ie, SaaS) and data storage to the general public. By comparison, the most popular private cloud offerings are IaaS, which permits a customer to access IT infrastructure services as a service, and PaaS, which can include a variety of services from simple cloud-based applications to more sophisticated enterprise applications. As noted above, because cloud offerings have begun largely to replace legacy offerings, in practice, most customers implement and integrate public and private cloud offerings to create a hybrid cloud environment.

In

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