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Cloud Agreement

Cloud Agreement Template for Singapore

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Key Requirements PROMPT example:

Cloud Agreement

"Need a Cloud Agreement for our Singapore-based fintech startup to engage AWS as our cloud provider, with specific provisions for handling sensitive financial data and compliance with MAS guidelines, planned to go live by March 2025."

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What is a Cloud Agreement?

The Cloud Agreement is essential for organizations engaging in cloud computing services within Singapore's jurisdiction. It provides a comprehensive framework for cloud service delivery, incorporating requirements under Singapore's Personal Data Protection Act, Cybersecurity Act, and relevant industry regulations. This agreement is particularly crucial given Singapore's position as a major technology hub and its strict data protection requirements. The document covers essential elements including service levels, data security, compliance obligations, and operational requirements for cloud service provision.

What sections should be included in a Cloud Agreement?

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

2. Background: Context of the agreement and brief description of the services being provided

3. Definitions: Key terms used tHRoughout the agreement

4. Services: Detailed description of cloud services, service levels, and performance standards

5. Data Protection and Security: PDPA compliance, security measures, data handling procedures

6. Payment Terms: Pricing, payment schedule, and billing procedures

7. Term and Termination: Duration, renewal terms, termination rights and procedures

8. Confidentiality: Protection of confidential information exchanged between parties

What sections are optional to include in a Cloud Agreement?

1. Professional Services: Additional implementation or consulting services - include when additional services beyond standard cloud offering are provided

2. Disaster Recovery: Specific disaster recovery procedures and commitments - include for enterprise customers or critical services

3. Change Control: Procedures for managing changes to services - include for complex implementations or customized solutions

4. Third Party Services: Terms relating to third-party integrations or services - include when third-party services are part of the solution

What schedules should be included in a Cloud Agreement?

1. Service Level Agreement (SLA): Detailed service levels, metrics, and remedies

2. Security Requirements: Detailed security specifications and compliance requirements

3. Data Processing Agreement: Detailed terms for processing personal data

4. Pricing Schedule: Detailed pricing, including tiered pricing if applicable

5. Support Services: Support levels, response times, and escalation procedures

6. Business Continuity Plan: Detailed disaster recovery and business continuity 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 | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Personal Data Protection Act 2012: Singapore's primary data protection legislation that governs the collection, use, disclosure, and care of personal data. Includes data protection obligations and cross-border transfer requirements.

Computer Misuse Act: Legislation addressing cybercrime and unauthorized access to computer systems, crucial for security provisions in cloud agreements.

Electronic Transactions Act: Provides legal framework for electronic transactions and digital signatures, relevant for cloud service delivery and contract formation.

Copyright Act: Protects intellectual property rights in the digital environment, including content stored and transmitted via cloud services.

Cybersecurity Act 2018: Establishes framework for protection of Critical Information Infrastructure and cybersecurity requirements.

MAS Technology Risk Management Guidelines: Regulatory guidelines from Monetary Authority of Singapore for technology risk management, particularly relevant if financial services are involved.

Multi-Tier Cloud Security Singapore Standard: Singapore's cloud security standard (MTCS SS) providing guidelines for cloud service providers and users.

Consumer Protection (Fair Trading) Act: Protects consumers against unfair practices and ensures fair trading terms in service agreements.

Unfair Contract Terms Act: Regulates unfair terms in contracts and protects against unreasonable contract provisions.

PDPC Guidelines: Guidelines from Personal Data Protection Commission providing detailed requirements for data protection compliance.

Cross-Border Data Transfer Requirements: Specific requirements under PDPA and international frameworks for transferring data outside Singapore.

Data Breach Notification Requirements: mandatory notification requirements for data breaches under Singapore law.

APEC Cross-Border Privacy Rules: Regional privacy framework that may affect cross-border data transfers in cloud services.

ISO/IEC Standards: International technical standards relevant to cloud computing security and service delivery.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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