A Legal Guide To TECHNOLOGY TRANSACTIONS A COVID-19 Update…

Does the vendor use the cloud as a back-up or disaster recovery tool?

The cloud (see discussion below) has become an increasingly popular method of providing disaster recovery services. When considering the cloud as an option make sure that you consider issues such as data privacy and security and other issues related to doing business in the cloud. Whether using the cloud or a remote facility for disaster recovery, make sure that the technology agreements that you have in place with various vendors allows for such outsourcing. You do not want to find that your disaster recovery plan when implemented results in a breach of one of your license agreements with a software provider that had limited your use to “one copy installed on one specific server.” This may require a review and possible revision of licenses to clarify such use for disaster recovery purposes.

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