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Cloud Computing

Published: November 2018

China


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  • 1.

    What kinds of cloud computing transactions take place in your jurisdiction?

  • 2.

    Who are the global international cloud providers active in your jurisdiction?

  • 3.

    Name the local cloud providers established and active in your jurisdiction. What cloud services do they provide?

  • 4.

    How well established is cloud computing? What is the size of the cloud computing market in your jurisdiction?

  • 5.

    Are data and studies on the impact of cloud computing in your jurisdiction publicly available?

  • 6.

    Does government policy encourage the development of your jurisdiction as a cloud computing centre for the domestic market or to provide cloud services to foreign customers?

  • 7.

    Are there fiscal or customs incentives, development grants or other government incentives to promote cloud computing operations in your jurisdiction?

  • 8.

    Is cloud computing specifically recognised and provided for in your legal system? If so, how?

  • 9.

    Does legislation or regulation directly and specifically prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?

  • 10.

    What legislation or regulation may indirectly prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?

  • 11.

    What are the consequences for breach of the laws directly or indirectly prohibiting, restricting or otherwise governing cloud computing?

  • 12.

    What consumer protection measures apply to cloud computing in your jurisdiction?

  • 13.

    Describe any sector-specific legislation or regulation that applies to cloud computing transactions in your jurisdiction.

  • 14.

    Outline the insolvency laws that apply generally or specifically in relation to cloud computing.

  • 15.

    Identify the principal data protection or privacy legislation applicable to cloud computing in your jurisdiction.

  • 16.

    What forms of cloud computing contract are usually adopted in your jurisdiction, including cloud provider supply chains (if applicable)?

  • 17.

    What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering governing law, jurisdiction, enforceability and cross-border issues, and dispute resolution?

  • 18.

    What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering material terms, such as commercial terms of service and acceptable use, and variation?

  • 19.

    What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering data and confidentiality considerations?

  • 20.

    What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering liability, warranties and provision of service?

  • 21.

    What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering intellectual property rights (IPR) ownership in content and the consequences of infringement of third-party rights?

  • 22.

    What are the typical terms of a B2B public cloud computing contract in your jurisdiction covering termination?

  • 23.

    Identify any labour and employment law considerations that apply specifically to cloud computing in your jurisdiction.

  • 24.

    Outline the taxation rules that apply to the establishment and operation of cloud computing companies in your jurisdiction.

  • 25.

    Outline the indirect taxes imposed in your jurisdiction that apply to the provision from within, or importing of cloud computing services from outside, your jurisdiction.

  • 26.

    Identify and give details of any notable cases, or commercial, private, administrative or regulatory determinations within the past three years in your jurisdiction that have directly involved cloud computing as a business model.

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The MMLC Group was founded in in Beijing in 2002 by ex-Freshfields corporate and IP lawyer, Matthew Murphy and trade consultant, Ellen Wang.  The firm assists major corporations, institutions and governments, with corporate, tax, IP and trade issues arising in China and the Asia-Pacific region.

View more information about MMLC Group


Beijing
1209 Tower W3
The Towers, Oriental Plaza 1 East Chang An Avenue
Dongcheng District 100738
Beijing
China
T: +86 10 8515 1091
F: +86 10 8515 1089


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