Obligations for protecting data are no different when using a managed service or cloud service than when using an in-house service. As such, contractual arrangements with service providers should address how data entrusted to them, including to any of their subcontractors, will be protected during contractual arrangements and following the completion or termination of such contractual arrangements. However, in some cases an organisation may require managed services or cloud services to be used before all security requirements have been implemented by a service provider. In such cases, contractual arrangements with service providers should include appropriate timeframes for the implementation of security requirements and break clauses if these are not achieved.
In addition, although data ownership resides with service providers’ customers, this can become less clear in some circumstances, such as when legal action is taken and a service provider is asked to provide access to, or data from, their assets. To mitigate the likelihood of data being unavailable or compromised, an organisation can document the types of data and its ownership in contractual arrangements with service providers.
Furthermore, an organisation may make the decision to move from their current service provider for strategic, operational or governance reasons. This may involve changing to another service provider, moving to a different service with the same service provider or moving back to an on-premises solution. In many cases, transferring data and functionality between old and new services or systems will be desired. Service providers can assist their customers by ensuring data is as portable as possible and that as much data can be exported as possible. As such, data should be stored in a documented format, preferably an open standard, noting that undocumented or proprietary formats may make it more difficult for an organisation to perform backup, service migration or service decommissioning activities.
Finally, to ensure that an organisation is given sufficient time to download their data or move to another service provider should a service provider cease offering a particular service, a one-month notification period should be documented in contractual arrangements with service providers.
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