Notes on the Main Issues of Cloud Computing Contracts (prepared by the secretariat of the United Nations Commission on International Trade Law, 2019)

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Introduction

The present Notes address the main issues of cloud computing contracts between business entities where one party (the provider) provides to the other party (the customer) one or more cloud computing services for end use. Contracts for resale or other forms of further distribution of cloud computing services are excluded from the scope of the Notes. Also excluded from the scope of the Notes are contracts with cloud computing service partners and other third parties that may be involved in the provision of cloud computing services to the customer (e.g., contracts with subcontractors and Internet service providers).

Disclaimers

The Notes are not intended to express the position of the United Nations Commission on International Trade Law (UNCITRAL) or its secretariat on the desirability of concluding cloud computing contracts. The Notes should not be regarded as an exhaustive source of information on drafting cloud computing contracts or as a substitute for obtaining any legal and technical advice and services of professional advisers.