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Cloud Agreement for Germany

Cloud Agreement Template for Germany

A comprehensive legal agreement governed by German law that establishes the terms and conditions for the provision and use of cloud computing services. The document addresses key aspects including service levels, data protection compliance (particularly with GDPR and BDSG), security requirements, liability provisions, and operational procedures. It incorporates specific German legal requirements and EU regulations, making it suitable for cloud service deployments within the German market while ensuring compliance with both national and European legal frameworks.

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What is a Cloud Agreement?

This Cloud Agreement template is designed for use in the German market when establishing a formal relationship between cloud service providers and their customers. It incorporates essential elements required under German law and EU regulations, including robust data protection provisions aligned with GDPR and the German Federal Data Protection Act (BDSG). The document is particularly relevant in scenarios involving data processing, storage, or software services delivered through cloud infrastructure. It addresses critical aspects such as service levels, security measures, data processing terms, liability limitations permitted under German law, and specific requirements for technical documentation. The agreement is structured to comply with German civil law requirements while maintaining the flexibility needed for various cloud service models (IaaS, PaaS, SaaS).

What sections should be included in a Cloud Agreement?

1. Parties: Identification of the contracting parties - cloud service provider and customer

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Service Description: Detailed description of the cloud services, including service levels and specifications

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

6. Data Protection and Security: GDPR and BDSG compliance requirements, data processing terms, and security measures

7. Service Levels: Service level agreements (SLAs), performance metrics, and remedies for non-compliance

8. Customer Obligations: Customer responsibilities and acceptable use policies

9. Provider Obligations: Provider's commitments, including service delivery and support

10. Intellectual Property Rights: IP ownership, licenses, and usage rights

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Limitation of liability and indemnification provisions under German law

13. Term and Termination: Duration, renewal, and termination conditions

14. Force Majeure: Circumstances excusing performance under German law

15. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction

16. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments

What sections are optional to include in a Cloud Agreement?

1. Disaster Recovery: Required for critical services or when handling sensitive data, detailing recovery procedures and timelines

2. Professional Services: Include when additional implementation, training, or consulting services are provided

3. Multi-tenant Provisions: Required for shared infrastructure services, addressing resource allocation and isolation

4. Sub-processors: Include when the provider uses third-party service providers for core services

5. Export Control: Required when services involve cross-border data transfers or international customers

6. Insurance: Include for high-value contracts or when handling sensitive data

7. Service Credits: Include when offering financial compensation for service level failures

8. Audit Rights: Required for regulated industries or when handling sensitive data

What schedules should be included in a Cloud Agreement?

1. Service Level Agreement: Detailed performance metrics, measurement methods, and remedies

2. Technical Specifications: Detailed technical requirements and service specifications

3. Data Processing Agreement: GDPR-compliant data processing terms and security measures

4. Support Services Description: Support levels, response times, and escalation procedures

5. Acceptable Use Policy: Detailed rules for service usage and prohibited activities

6. Business Continuity Plan: Disaster recovery and business continuity procedures

7. Fee Schedule: Detailed pricing, payment terms, and calculation methods

8. Security Requirements: Detailed security measures, certifications, and compliance requirements

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

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions










































Clauses











































Relevant Industries

Information Technology

Financial Services

Healthcare

Manufacturing

Retail

Professional Services

Insurance

Telecommunications

Education

Public Sector

E-commerce

Automotive

Energy

Media and Entertainment

Research and Development

Relevant Teams

Legal

Information Technology

Procurement

Compliance

Information Security

Risk Management

Operations

Technical Services

Data Protection

Vendor Management

Infrastructure

Cloud Operations

Enterprise Architecture

Service Delivery

Relevant Roles

Chief Information Officer

Chief Technology Officer

IT Director

Legal Counsel

Data Protection Officer

Procurement Manager

IT Security Manager

Cloud Infrastructure Manager

Compliance Officer

Contract Manager

Enterprise Architect

Technical Operations Manager

Risk Manager

Information Security Officer

Service Delivery Manager

Industries








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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