Key Considerations for Business Continuity and Disaster Recovery Provisions | Morgan Lewis – Tech & Sourcing

Planning for major service disruptions and disasters, such as prolonged power failures, fires, flooding, and other extreme weather events, is an important element of strategic technology and service agreements. While there are many possible approaches to business continuity and disaster recovery (BCDR) provisions in a contract, there are certain topics and issues that should be discussed and analyzed by the deal team when determining the right approach.

This Contract Corner discusses five key considerations for BCDR-related provisions in strategic technology and commercial transactions.

  • Identify and define the scope of BCDR for the applicable engagement.

    There are three general areas of BCDR to consider addressing in the contract in the event of a major unplanned disruption or disaster. First, what is the service provider’s plan and process for restoring its own service delivery locations and its ability to provide the services? Second, do the…

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