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NEWS
Ireland—Banking & Financial Service analysis: This article, was written by Niall Guinan, Laura Mulleady, Sinéad Lynch and James Grennan of A&L Goodbody LLP. The European Insurance and Occupational Pensions Authority (EIOPA) has been sounding the alarm for several years in relation to a ‘natural catastrophe insurance protection gap’ throughout the EU.
GLOSSARY
Amount that would be available for the provision of benefits if the member became entitled to benefits at the end of the pension input period.
PRECEDENTS
Closure Application Notice ARCHIVED: This Precedent has been archived and is not maintained. Notice of Proposal to Apply for an Order [stopping up OR diverting] a highway under the Highways Act 1980 section 116 Take notice that [insert name of highway authority] proposes [(Include only in the Notice to the
GLOSSARY
The use of additional cloud resources, such as extra memory, processing power, storage or network bandwidth, to handle a spike in demand and to maintain services for users. Typically used between private and public clouds, in particular when the private cloud is fully utilising all of its physical resources.
GLOSSARY
Computer network diagrams have traditionally represented the internet by using a picture of a cloud. This is because the internet’s 'location' is meaningless and vague. The internet’s function is solely to convey packets of data, unchanged, from one location to another specified location. How it gets there, and the route it takes, are functionally irrelevant. The term has expanded to mean computing services provided via the internet.
PRACTICE NOTES
This Practice Note contains a jurisdiction-specific Q&A guide to cloud computing in Austria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2022). Authors: MGLP Rechtsanwälte | Attorneys-at-Law—Árpád Geréd 1. What kinds of cloud computing transactions take place in your jurisdiction? Austria has seen a rising adoption of cloud computing applications in recent years. Although less than a decade ago the legal possibility of using cloud computing was still widely discussed, now most Austrian businesses make use of cloud computing offerings, ranging from full cloud-sourcing to single applications. Of the various XaaS offerings, the use of infrastructure-as-a-service (IaaS) as well as software-as-a-service (SaaS) are the most prevalent. Due to the large amount of small and medium-sized businesses, cloud storage and backup solutions as well as cloud applications are statistically used most and have a very high acceptance in relation to the number of businesses. This is also due to even small IT service providers offering managed or cloud solutions, usually related to storage and backup. Those offerings are hosted either
PRACTICE NOTES
In brief Data protection laws in the EEA (the EU plus Iceland, Norway and Liechtenstein) seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure this, the EEA data protection laws impose a large number of obligations on those ‘processing’ personal data and on controllers of such processing. ‘Processing’ is broadly defined to include doing most things with data, including storing, deleting, collecting, disclosing or using it. One of the key protections under EEA data protection laws is the set of obligations placed on ‘controllers’ (usually meaning those that decide the purposes and means of processing) and ‘processors’ (those that process personal data on behalf of a controller further to the controller’s instructions). Among other things, EEA data protection laws usually require controllers and processors to put in place contracts containing certain minimum provisions and to ensure any processor(s) they engage are suitable. In a cloud computing arrangement, the end customer will often act as controller and the supplier as its processor. This
PRACTICE NOTES
In brief Data protection laws in both the EEA (the EU plus Iceland, Norway, and Liechtenstein) and UK seek to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, both EEA and UK data protection laws impose a large number of obligations on those ‘processing’ personal data and on controllers of such processing. ‘Processing’ is broadly defined to include doing most things with data, including storing, deleting, collecting, disclosing or using it. One of the key protections under both EEA and UK data protection laws is the set of obligations placed on ‘controllers’ (usually meaning those that decide the purposes and means of processing) and ‘processors’ (those that process personal data on behalf of a controller further to the controller’s instructions). Among other things, EEA and UK data protection laws usually require controllers and processors to put in place contracts containing certain minimum provisions and ensure any processor(s) they engage are suitable. In a cloud computing arrangement, the end customer will often act as controller and the
PRACTICE NOTES
This Practice Note introduces cloud computing concepts and describes key principles underpinning the cloud market in the UK. It covers the following: • History of cloud • What is cloud? • Software as a service (SaaS) • Platform as a service (PaaS) • Infrastructure as a service (IaaS) • Deployment models • Benefits and risks • Relationship to outsourcing • Legal issues • Cloud terminology Detailed guidance on the legal issues relevant to cloud are set out in Practice Note: Cloud computing—key legal issues, together with an analysis of typical contractual terms and negotiating positions. See also: • Lexology Panoramic: Cloud Computing • Precedent: Software as a service (SaaS) agreement—pro-customer • the pro-supplier Precedent suite: ◦ Software as a service (SaaS) agreement—master SaaS terms—pro-supplier ◦ Software as a service (SaaS) agreement—order form—pro-supplier ◦ UK GDPR—software as a service (SaaS) agreement—data protection addendum—pro-supplier ◦ Software as a service (SaaS) agreement—acceptable use policy—pro-supplier • Precedent: Infrastructure as a service (IaaS) agreement • Cloud contracts (SaaS, PaaS and IaaS)—checklist A glossary of the technical terms used
PRACTICE NOTES
This Practice Note considers the following legal and commercial issues relating to cloud services: • Due diligence • Contract documents • Service description • Service levels • Fees • Data protection • Data portability and backup • Security • Record keeping and audit rights • Compliance with laws • Intellectual property • Supplier liability for content • Liability under the contract • Application of TUPE • Variation of terms • Suspension and termination rights • Business continuity and disaster recovery • Governing law and jurisdiction • Export control laws • Sector specific regulation and guidance • International laws For an explanation of key cloud concepts and other background information, see Practice Note: Cloud computing—introduction. For guidance on the laws applicable to cloud services in a number of worldwide jurisdictions, see Practice Note: Lexology Panoramic: Cloud Computing. This note is primarily focused on business-to-business cloud transactions. Where services are being provided by suppliers to consumers, additional considerations will apply, see: Trading with consumers—overview. Due diligence One of the first stages in any cloud transaction is due diligence—a
CHECKLISTS
STOP PRESS: Regulation (EU) 2026/1744 amending Regulation (EU) 2024/1689, Regulation (EU) 2018/1139 and Regulation (EU) 2023/1230 as regards the simplification of the implementation of harmonised rules on artificial intelligence (Digital Omnibus on AI) was published in the Official Journal on 24 July 2026 and entered into force on 27 July 2026. This Practice Note will be updated shortly to reflect amendments to Regulation (EU) 2024/1689, the EU Artificial Intelligence Act. For further information on the changes introduced by the Digital Omnibus on AI, see Practice Note: EU Digital Omnibus—tracker and News Analysis: Digital Omnibus proposal—re-writing the EU's digital rulebook. This Checklist outlines the key points to be considered by customers contracting for cloud computing services such as software as a service, platform as a service and infrastructure as a service. Since the specific risks that should be addressed in a contract with a cloud supplier will depend on the specific circumstances of each customer and the service being bought, this Checklist considers the more general issues that should be raised with the supplier
GLOSSARY
The repositioning of non-cloud services to the cloud. Sometimes used pejoratively where the repositioned service is not truly a cloud–based product but has been labelled as such for marketing purposes.