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Notes on the Main Issues of Cloud Computing Contracts (prepared by the UNCITRAL secretariat, 2019)

Part two. Drafting a contract

P. Notifications

Notification clauses usually address the form, language, recipient and means of notification, as well as when the notification becomes effective (upon delivery, dispatch or acknowledgment of receipt). In the absence of any mandatory legislative provisions, parties may agree upon formalities for notification, which could be uniform or vary depending on the importance and urgency and other considerations. More stringent requirements may be made applicable, for example, in case of suspension or unilateral termination of the contract, as compared to routine notifications. The parties may agree on the deadlines, keeping in mind reversibility and business continuity needs. The contract may contain references to any notifications and deadlines imposed by law.

The parties may opt for written notification to be served at the physical or electronic address of the contact persons specified in the contract. The contract may specify the legal consequences of a failure to notify and of a failure to respond to a notification that requires such a response.

Relevant Glossary terms

Reversibility: The process for the customer to retrieve its data, applications and other related content from the cloud and for the provider to delete the customer data and other related content after an agreed period.

Written or in writing: Information accessible so as to be usable for subsequent reference. It encompasses information on paper and in an electronic communication. "Accessible" means that information in the form of computer data should be readable and interpretable and that the software that might be necessary to render such information readable should be retained. "Usable" covers both human use and computer processing.