ARTICLE
9 October 2013

Think Before You Share, Part II: Can I Get My Data Back?

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Foley & Lardner

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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
Following up on last week’s post, relationships with technology providers – even the best ones – don’t last forever, so it is important to understand whether you can get your data back when the relationship comes to an end.
United States Media, Telecoms, IT, Entertainment

Following up on last week's post, relationships with technology providers – even the best ones – don't last forever, so it is important to understand whether (and how) you can get your data back when the relationship comes to an end. You may be surprised to learn that many contracts are silent on this issue.

At a minimum, you should be entitled to download your data from a cloud-service provider's system for a specified period of time after the termination of an agreement (in the case of consultants and other professional services providers, you should receive a copy of all data provided to or collected by the vendor while it provided services). Ideally, the data should be in a platform-platform agnostic format so you can move it to another software product without incurring additional cost to convert the data from your last provider's proprietary format.

Be warned: some vendors include language in their agreements that prevents customers from receiving a copy of their data until all fees have been paid. Vendors have a right to get paid for their products and services, but you need to make sure that if you have a good faith dispute with the vendor about fees, and that dispute has not been resolved by the time the agreement comes to an end, you can nonetheless obtain a copy of your data while you work things out with the vendor.

Next week, I'll address the last part of the question: Is your data secure?

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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