CSP and/or compensate the Cloud Customer through Service
Credits; and
3.7.5.3 in the case of liability for information security breaches or
information leakage, limit their liability if the Cloud Customer (i)
opts for an ‘own coverage’ solution, provided that such an option
is offered by the CSP, or (ii) declines the redundancy or other
solutions lawfully offered by the CSP to reduce information
security risks.
3.7.6 Without limiting Article 3.7.5, CSPs may exclude or limit their liability to
Cloud Customers that are not individual consumers to whatever extent
the CSPs and those Cloud Customers agree in a Cloud Contract.
3.8
Quality and Industry Standards
3.8.1 CSPs registered with the Commission must:
3.8.1.1 Inform their Cloud Customers, upon request, of the actual levels
of achievement of any SLA requirements (if applicable) for the
last 12 months or the period since the start of the Cloud
Contract, whichever is shorter;
3.8.1.2 inform their Cloud Customers, upon request, of any certification
systems or standards that these CSPs meet with regard to their
Cloud Services to the relevant Cloud Customer;
3.8.1.3 comply with any certification schemes and/or standards (including
encryption standards) that may be defined as mandatory by a
Commission decision with regard to the type of Cloud Services
provided by that CSP;
3.8.1.4 comply with any rules or guidelines adopted by the Commission
with regard to business continuity, disaster recovery and risk
management.
3.8.2 Encryption by Cloud Customers or Cloud Users of Customer Data or
Customer Content shall not affect the CSPs’ obligations under this
Regulatory Framework.
3.8.3 The Commission may issue, from time to time, decisions on mandatory
or voluntary certification schemes and standards for Cloud Computing,
which may vary depending on the required level of information
security, the type of CSP or Cloud Customer concerned, or by other
criteria.
3.8.4 Without prejudice to any more specific requirement that may be
required under Article 3.8.3 above, CSPs subject to a registration
under Article 3.2 , above, must demonstrate to the Commission’s
satisfaction, when applying for registration, that their Cloud Services
will be of an acceptable quality and sufficiently secure by general
industry standards, based on:
3.8.4.1 the applicant’s resources dedicated to Cloud Computing,
Cloud Computing Regulatory Framework
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