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Government Cloud Procurement: Contracts, Data Protection, and the Quest for Compliance

ISBN13: 9781108837675
Published: December 2021
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £100.00

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In Government Cloud Procurement, Kevin McGillivray explores the question of whether governments can adopt cloud computing services and still meet their legal requirements and other obligations to citizens. The book focuses on the interplay between the technical properties of cloud computing services and the complex legal requirements applicable to cloud adoption and use. The legal issues evaluated include data privacy law (GDPR and the US regime), jurisdictional issues, contracts, and transnational private law approaches to addressing legal requirements. McGillivray also addresses the unique position of governments when they outsource core aspects of their information and communications technology to cloud service providers. His analysis is supported by extensive research examining actual cloud contracts obtained through Freedom of Information Act requests. With the demand for cloud computing on the rise, this study fills a gap in legal literature and offers guidance to organizations considering cloud computing.

Public Procurement
Part I. Subject Matter:
1. Introduction
2. Cloud technology, organizational aspects and risks
Part II. Legal Requirements and Adoption of Government Cloud:
3. Government cloud adoption: challenges and obligations
4. Location independence, jurisdiction and law enforcement access to cloud computing services
5. Data privacy and data protection issues in cloud computing
Part III. Private Ordering and Cloud Computing Contracts:
6. Contracts used to procure cloud services: study on contract structure, and negotiated terms (Part I)
7. Study on cloud computing contracts (Part II): standard terms, impact on governments, and lessons learned
8. Conclusion