Cloud Computing - 2024 Virtual Conference

Introduction

Chaired by Robert Bond this live broadcast conference with a panel of leading experts offers a comprehensive update as to the current hot topics in this fast-moving area.

Each session will provide a full opportunity for questions and answers.

Conference Agenda

This live and interactive 5 hour conference will cover the following:

10am-11am: Managing Cloud Hosting and International Data Transfer Rules

Chair: Robert Bond

Not only do the EU and the UK have rules over international data transfers but so do China, Singapore, South Africa and many more countries. This presentation will highlight the issues as regards cloud hosting. Topics will include:

• The roles of controller and processor
• International data transfer rules
• Adequate jurisdictions
• Transfer risk assessments
• Should personal data be hosted locally

Morning Break

11:10am-12:10pm: UK Competition Law and Regulation in Cloud Computing

Dr Niamh Gleeson, Gleeson Law Paris

This is an industry that has attracted the attention of the UK communications regulator Ofcom because of a perceived lack of competition. In July 2023, Ofcom published an interim report that proposes the cloud infrastructure market be referred to the UK’s Competition and Markets Authority (CMA) due to concerns around a decline in competition. The market investigation by the CMA would allow the regulator to further examine if there are interventions that could address the barriers identified in the report and improve the market for customers. In parallel, there are ongoing proposals for regulating digital markets that include cloud computing markets in the UK. The CMA decisions in merger control cases concern the impact of mergers in relation to competition in cloud, for example cloud gaming in the Microsoft Activision merger. This session will examine the competition and regulatory issues in the UK market.

• Competition law in cloud computing in the UK
• The cloud infrastructures market and concerns about competition in the UK
• Ofcom’s interim report and issues identified
• Barriers to switching and cloud egress fees
• Interoperability and switching - technical restrictions on interoperability
• Discounting and committed spend as barriers to switching
• Cloud markets and competition in adjacent markets
• Digital markets, competition and consumer bill and likely impact on cloud computing
• Merger control in the UK and cloud computing markets

12:10pm-1:10pm: Negotiating Cloud Contracts: How To Make Your Way Through The Contractual Clouds

Vik Khurana, Bristows

Cloud contracts are more often than not presented to customers as non-negotiable and ‘take it or leave it’. In this practical session, Vik Khurana of Bristows will look at the extent to which cloud contracts are negotiable, how to approach negotiations and current positions and trends. Topics covered will include:

• The cloud mind set for lawyers
• When you can expect to be able to negotiate (and not)
• Approaches to common contractual flash points, including:
• Changes to the cloud contract and commercial / technical elements
• Quality assurances
• Data and security
• Liability caps
• Suspension and termination rights
• Audit

Break for lunch

2-3pm: EU Competition Law and Cloud Computing

Dr Niamh Gleeson, Gleeson Law Paris

This seminar would examine the competition law and regulation in cloud computing in the EU. This is a rapidly developing area, due to increased enforcement of traditional competition law in the digital sector including recent complaints to the European Commission about practices in cloud computing industry. This is also rapidly developing due to legislative developments, in particular the Digital Markets Act (DMA)as it applies to cloud computing services and as it will impact on the main cloud computing providers.

• Competition law in cloud computing enforcement in EU
• Diversity of cloud services and market definition
• Potential Article 102 TFEU abusive contract terms and bundling
• Cases pending and industry complaints of market power abuse to the European Commission
• EU Digital Markets Act (DMA) and its application to cloud computing as a ‘Core Platform Service’
• Impact of DMA on gatekeepers, likely to include largest cloud service providers’ behaviour

Afternoon break

3.15-4.15pm: The Need For Risk Assessments in Cloud Computing

Robert Bond

Whether you are using the cloud or providing cloud hosting services, there are increasing regulations around cyber resilience, digital services, data protection and AI that require documented risk assessments. Topics will include:

• Data protection impact assessments
• Privacy by design assessments
• AI risk assessments
• Cyber resilience assessments
• Online safety assessments

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.