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Cloud Storage SLA Template for Germany

A comprehensive Service Level Agreement (SLA) governed by German law that establishes the terms and conditions for cloud storage services. The document outlines performance metrics, availability guarantees, data protection measures compliant with GDPR and BDSG, security protocols, support services, and liability provisions. It incorporates specific German legal requirements for IT security, data protection, and contract law while defining the responsibilities and obligations of both the service provider and the customer in accordance with German jurisdiction.

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What is a Cloud Storage SLA?

The Cloud Storage SLA is essential for organizations seeking to formalize their cloud storage service arrangements under German law. This document is typically used when establishing or updating cloud storage services that handle business-critical data and require clear performance guarantees. It addresses key aspects including service availability, data protection, security measures, and support levels, while ensuring compliance with German and EU regulations such as GDPR, BDSG, and IT-Sicherheitsgesetz. The agreement is particularly crucial given Germany's strict data protection and IT security requirements, making it suitable for both domestic and international operations with German operations or customers. The Cloud Storage SLA serves as a legally binding commitment between the service provider and customer, offering clear metrics for service delivery and remedies for non-performance.

What sections should be included in a Cloud Storage SLA?

1. Parties: Identification of the cloud service provider and customer, including legal entity details and registered addresses

2. Background: Context of the agreement and brief description of the cloud storage service being provided

3. Definitions: Definitions of technical and legal terms used throughout the agreement

4. Service Description: Detailed description of the cloud storage services, including storage capacity, features, and technical specifications

5. Service Level Commitments: Specific performance metrics, including availability, response times, and reliability guarantees

6. Data Protection and Security: Compliance with GDPR and BDSG requirements, security measures, and data handling procedures

7. Customer Obligations: Customer responsibilities, acceptable use policies, and compliance requirements

8. Support and Maintenance: Description of support services, maintenance windows, and incident response procedures

9. Fees and Payment: Pricing structure, payment terms, and billing procedures

10. Term and Termination: Duration of agreement, renewal terms, and termination conditions

11. Liability and Indemnification: Limitation of liability, warranty terms, and indemnification provisions compliant with German law

12. Force Majeure: Circumstances excusing performance under German law

13. General Provisions: Standard legal provisions including governing law, jurisdiction, and dispute resolution

What sections are optional to include in a Cloud Storage SLA?

1. Business Continuity and Disaster Recovery: Required for enterprise-level agreements or when handling critical data

2. Data Migration Services: Include when offering data migration from existing systems

3. Multi-tenant Architecture: Required when service is provided in a shared infrastructure environment

4. Compliance with Industry Standards: Include for specific sectors like healthcare or finance

5. Sub-processors: Required when using third-party service providers or data processors

6. Custom Service Levels: Include for enterprise customers requiring specific performance metrics

7. Professional Services: Include when offering additional implementation or consulting services

What schedules should be included in a Cloud Storage SLA?

1. Schedule 1 - Service Level Metrics: Detailed technical specifications of service levels, measurement methods, and reporting

2. Schedule 2 - Pricing and Payment Terms: Detailed fee structure, payment schedules, and pricing tiers

3. Schedule 3 - Technical Support Services: Support level details, response times, and escalation procedures

4. Schedule 4 - Security Requirements: Detailed security measures, protocols, and compliance requirements

5. Schedule 5 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

6. Schedule 6 - Acceptable Use Policy: Detailed rules and restrictions for service usage

7. Appendix A - Technical Infrastructure: Description of technical infrastructure and system architecture

8. Appendix B - Emergency Contacts: List of emergency contacts and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use

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