Thank you to all the 32 UK SME directors who took part in my survey on cloud computing
I completed this week an independent cloud computing survey for my Master of Law dissertation at the College of Law. I had also liaised with the Policy Unit of the Institute of Directors, who had told me that they would find the research useful.
Cloud computing is a form of computing where scalable and elastic IT capabilities are provided as a service to multiple customers using Internet technologies. The market impact of cloud computing growth is staggering, estimated at 34% per annum through 2013, culminating in a market worth $500 billion worldwide.
I thought I would give you a brief summary of what I found. However, I am in the middle of writing up what is actually quite a complex rights essentially looking at the law applies to Gartner’s aspirational six rights for any cloud-computing customer.
Cloud computing undoubtedly offers a number of commercial advantages (such as cost and scability of services) in a fast growing global market, and the US analysts Gartner have proposed six rights in favour of the customer, to protect them against the customer, which are aspirational but helpful. These rights serve to draw attention to the risks facing cloud computing businesses. As yet, there has been no formal study of predominantly English SME directors towards these rights. Analysis of these rights demonstrates that they cover a number of areas in which lawyers can advise, and indeed many issues which concern the SME company director the most are issues of law such as regulatory compliance and data protection, which provides for possible legal interventions in case of dispute. The terms and conditions of the agreements between customer and supplier need to be carefully considered by the lawyer at the pre-contractual stage; cloud computing customers should ideally be aware that if the quality of service of a cloud computing supplier is poor, arbitration or self-accreditation of the provider may not provide adequate remedy, for example.
One of the most remarkable findings of the survey was how little attention (relatively) SME directors appeared to give to the cross-jurisdictional nature of data transfer, and the fact that some SME directors believe that they do not need legal advice may be a reflection of not being aware that there are potential issues. Whilst the study was of a small number of company directors, it demonstrates a clear need for further research into identifying how legal advice can best serve the interests of those in commerce in a strategic and clear way.
Please do let me know if you would to see a copy of the Report. I am already intending to send it to those who wished to a copy, as notified in the survey itself.
Dr Shibley Rahman
Queen’s Scholar BA (1st Class) MA MB BChir PhD MRCP(UK) LLB FRSA
Associate Member of the Institute of Directors
http://www.linkedin.com/in/drshibleyrahman
email: management@lawandmedicine.co.uk
