Data Protection in Cloud Computing Agreements: Allocating Risk, Interplay With Other Terms, Managing Compliance

Ms. Ross’ practice focused on technology and U.S. privacy matters. Her extensive experience with technology and technology contracts includes negotiating, drafting, and interpreting over 10,000 computer hardware and software, SaaS, consulting, outsourcing, Internet, electronic signatures, web hosting, application service providers and non-disclosure agreements, many of which were for a federal government contractor. Ms. Ross also handles U.S. privacy matters, including security breach laws, as well as assisting clients with their questions and compliance efforts relating to Red Flag Rule, Health Insurance Portability and Accountability Act Privacy and Security Rules, Gramm-Leach-Bliley, Telephone Consumer Protection Act, CAN-SPAM, California Consumer Privacy Act, and Fair and Accurate Credit Transactions Act. Sue has assisted clients with privacy and information security questions relating to the Payment Card Industry standards, provided counseling on a wide variety of matters that raised privacy issues, and created privacy policies (including Binding Corporate Rules) for corporations, as well as for websites. Ms. Ross is part of the firm's FinTech team, frequently speaking and writing on cryptocurrency, blockchain, and smart contract issues.

Mr. Christy counsels public and privately-held companies around the world on technology, outsourcing and other strategic commercial transactions in the financial services, hospitality, healthcare, life sciences, consumer products, retail, energy and technology industries. His practice includes serving as both a business and legal adviser to his clients in traditional and digital outsourcing, including complex global ITO, BPO, ADM, HRO/MSP and other outsourcing arrangements, as well as more conventional hybrid outsourcing arrangements that blend some combination of IT, cloud migration, BPO and ADM functions that are reflective of the cloud and automation driven modern digital economy. The scope of these transactions is often global, and the structure ranges from traditional outsourced services to captive shared services organizations, build/operate/transfers and joint ventures. Mr. Christy also counsels on digital transformation, including cloud computing and SaaS, IaaS, PaaS and other XaaS subscription and implementation and support arrangements; ERP and other strategic system subscription (or licensing) and implementation and support arrangements; cloud migrations (including mainframe and midrange to cloud migrations); e-commerce platform subscription (or licensing) and implementation and support arrangements; artificial intelligence, machine learning and big data technology and services arrangements and traditional software licensing, maintenance and development arrangements, among other tech-driven legal issues.