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There’s a long history of companies not paying close enough attention to the contractual elements of acquiring software. Today, this extends into the world of cloud computing. Many companies are choosing to acquire software services through cloud-based providers and increasingly rely on access to cloud-based data, as is shown by our forthcoming benchmark research, in which a large majority of participating companiesvr_DAC_01_importance_of_cloud_data said that having access to data in the cloud is important or very important. As they say, I’m not a lawyer and I don’t play one on television, so what follows is intended to be nothing more than a conversation starter with legal counsel. But I do advise companies on how to use software to improve their business performance and provide guidance on what software they need to achieve their objectives. From that perspective, let me offer this blanket recommendation: Your company should examine the terms and conditions of its contracts carefully to be certain that it has the ability to control, access and retain its data in single or multitenant cloud-based systems. It should be prepared to add terms and conditions to any software-as-a-service (SaaS) contract to preserve ownership of and access to the data as well as other proprietary elements of that business relationship.

The fact is that choosing a cloud-based option presents a different set of legal issues that purchasers do not face with on-premises software, so it’s important that they consider the terms and conditions of the contract. Some of these issues aren’t completely new – they go back to the days before perpetual contracts and “open systems” were the norm. In that era, a company could find itself hostage to a vendor that shut down the company’s system remotely and prevented it from using the technology to run its business and retrieving its data from the system. Before entering into any SaaS contract or renewal, it’s important to review the details of the contract and its terms and conditions. The company should insist on modifying the wording of the contract if necessary to the satisfaction of both parties. It’s essential to perform this review early on, when vendors are short-listed, not at signing. It’s also important to review and, if necessary, revise the contract before each renewal. Customers have leverage at renewal since the most expensive event in a subscription-based business is losing a customer.

There are many facets to a SaaS contract, including performance, reliability and security as well as data. My focus here is on the last item.

Going into a relationship with a SaaS vendor, it’s essential that the contract specify what data the customer owns, whether that ownership is shared with any other parties, including the SaaS provider, and how the customer can obtain its data from the vendor. A SaaS contract should delineate what data the customer will have the right to take at the time it terminates the contract. This should include its data in the database tables but also might cover data about its specific configuration of the application and data from the database logs that pertains to its use of the system. It also should specify the form and format for that data as well as the timing of when the customer will obtain that data (for example, how many hours or days from when the customer requests it), how often the customer will be provided with data (unlimited requests is preferable) and the charges for such data transfers. Creating a set of extraction reports that harvests all the data from the buyer company’s tables may be adequate, but then again it may not be sufficient. The contract also should address contingencies for change of control (that is, if the vendor is acquired by another company) and bankruptcy.

Having database table data and information about the database structure is useful in the process of moving from one cloud vendor to another. Migrating from one vendor to another almost always involves setting up the successor system before the previous vendor’s contract expires. Also, in the process of finding and selecting a new vendor, a company will find it necessary to provide information about its existing system and the data that’s in it. This should be part of the background information included in a request for proposal (RFP), which should include a section detailing how the implementation service provider will manage the migration. Clarifying this part of the process ought to be a part of the selection process, and getting the details of the migration in writing before selecting a vendor and implementation partner reduces the possibility of encountering a potentially time-consuming and expensive problem. The responses to the RFP can help the buyer craft the contract terms and conditions with the successor vendor and implementation partner.

How often the customer can transfer data from the system vendor’s system is important because it’s likely that a customer will need to do so multiple times. For example, in most cases it will need to extract the data from the current vendor’s system at least once before the contract terminates in order to begin the implementation process for the follow-on system. This will be necessary weeks if not months before the termination date, followed by additional data extracts from the old to the new system. Companies also should consider how to replicate the process of running the incumbent and new systems in parallel during a testing phase. There may be fewer potential “gotchas” in migrating from one cloud to another because there are no system configuration and other infrastructure issues with which to contend, but there still will be many process, business logic and configuration kinks to work through. Even after migration, a company may find it necessary to maintain its instances with the old vendor for legal or audit purposes for several years. Setting the parameters of pricing a decommissioned version in a contract is likely to save money down the road.

There’s also the related issue of data ownership. A contract with a SaaS provider should acknowledge that the customer is the sole owner of its data and lay out the ability of the service provider to access that data with the objective of ensuring that the data can be used only to provide services to the cloud customer. Also, the legal ramifications of connecting a company’s cloud system to other applications or an operational data store should be spelled out.

Data retention and third-party access should also be covered in the contract because during a civil, regulatory or criminal legal proceeding, the customer may be subject to electronic discovery. This involves the exchange of information from electronic systems in electronic format. Data identified as relevant by the attorneys involved in such a process is placed on legal hold, which means that it cannot be deleted or altered. Making this explicit in a SaaS contract may reduce the possibility of legal repercussions if, for example, the vendor inadvertently eliminates or alters data that is covered by a legal hold.

The physical location or locations where the customer company’s data is held, as well as any backup sites, ought to be included in the contract. This is important because of requirements by some countries (for example, the EU Data Protection Directive) that specify where data can or cannot be located and whether data transfers are permitted. The contract also should spell out how the customer company will be notified ahead of time if the locations where its data is stored will change.

It strikes me that we are still in the naïve stage of the cloud software revolution, but it’s time to imagine the worst that can happen. I recommend that SaaS vendor user groups focus on the contractual aspects of their relationship with vendor, especially with respect to their data. They can collectively engage their corporate counsels in crafting a set of desired contract terms and establishing best practices for ongoing access to data and for facilitating migration from that vendor’s environment when customers wish to make the move. They also should focus on how secure their position would be in the event of a corporate bankruptcy and on the change of control provisions (if any) should their vendor be acquired. For their part, I recommend that vendors develop their side of contracts to anticipate having to meet their customers’ demands for open access and control. Just as buyers forced vendors to adopt a more open systems approach two decades ago, SaaS customers are unlikely to want to find their data locked in. Developing a legal framework to handle unfortunate contingencies makes better sense than trying to deal with issues on an ad hoc treadmill.

Regards,

Robert Kugel – SVP Research

Ventana Research recently released the results of our Next-Generation Business Planning benchmark research. Business planning encompasses all of the forward-looking activities in which companies routinely engage. The research examined 11 of the most common types of enterprise planning: capital, demand, marketing, project, sales and operations, strategic, supply chain and workforce planning, as well as sales forecasting and corporate and IT budgeting. We also aggregated the results to draw general conclusions.

Planning is the process of creating a detailed formulation of a program of action designed to achieve objectives. People and businesses plan to determine how to succeed in achieving those objectives. Planning also serves to structure the discussion about those objectives and the resources and tactics needed to achieve them. A well-managed planning process should be structured in that it sets measurable objectives and quantifies resources required to achieve them. Budgeting is a type of planning but somewhat different in that is financially focused and is done to impose controls that prevent a company from overspending and therefore failing financially. So while planning and budgeting are similar (and budgeting involves planning), they have different aims. Unlike budgeting, planning emphasizes the things that the various parts of the business focus on, such as units sold, sales calls made, the number and types of employees required or customers served.

Integrating the various business planning activities across a company benefits the senior leadership team, as I have written by enabling them to understand both the operational vr_NGBP_02_integrated_planning_works_betterand the financial consequences of their actions. There are multiple planning efforts under way at any time in a company. These plans typically are stand-alone efforts only indirectly linked to others. To be most effective, however, an individual business unit plan requires direct inputs from other planning efforts. A decade ago I coined the term “integrated business planning” to emphasize the need to use technology to better coordinate the multiple planning efforts of the individual parts of the company. There are good reasons to do this, one of which is accuracy. Our new research reveals that to be accurate, most (77%) planning processes depend to some degree on having access to accurate and timely data from other parts of the organization. For this reason, integrating the various planning processes produces business benefits: In our research two-thirds of companies in which plans are directly linked said that their planning process works well or very well. This compares favorably to 40 percent in those that copy planning data from individual plans to an integrated plan (such as the company budget) and just 25 percent of those that have little or no connection between plans.

Technology has been a major barrier preventing companies from integrating their planning efforts. Until relatively recently, joining the individual detailed plans of various departments and functions into an overall view was difficult because the available software, data and network capabilities were not sufficient to make it feasible and attractive to take this approach. To be sure, over the past decades there has been steady progress in making enterprise systems more accessible to ordinary users. But while dedicated planning software has become easier to use, evidently it’s still not easy enough. The research reveals that across the spectrum of corporate planning activities, three-fourths of organizations use spreadsheets to manage the process. We expect this to change over the next several years as the evolution in information technologies makes dedicated planning software a more compelling choice. One factor will be enhanced ease of use, which will be evident in at least two respects. Software vendors are recognizing that a better user experience can differentiate their product in a market where features and functions are a commodity. Ease of use also will extend to analytics and reporting, making it easier for business users to harness the power of advanced analytics and providing self-service reporting, including support for mobile devices. The other factor will be the ability to make the planning process far more interactive by utilizing in-memory processing to speed calculations. When even complex planning models with large data sets can be run in seconds or less, senior executives and managers will be able to quickly assess the impact of alternative courses of action in terms of their impact on key operating metrics, not just revenue and income. Having the means to engage in a structured conversation with direct reports will help executives be more effective in implementing strategy and managing their organization.

Technology is not the only barrier to better planning. The research demonstrates the importance of management in the process, correlating how well a planning process is managed with its accuracy. The large majority (80%) of companies that manage a planning process well or very well wind up with a plan that is accurate or very accurate. By contrast, just one-fourth of companies that do an adequate job achieve that degree of accuracy and almost none (5%) of those that do it poorly have accurate or very accurate results. Additionally, managing a planning process well requires clear communications. More than three-fourths (76%) of companies in which strategy and objectives related to plans are communicated very well have a process that works very well, while more than half (53%) with poor executive communication wind up with a planning process that performs poorly. And collaboration is essential to a well-functioning planning process. Most (85%) companies that collaborate effectively or very effectively said that their planning process is managed well, while just 11 percent of companies that collaborate only somewhat effectively expressed that opinion.

vr_ngbp_03_collaboration_is_important_for_planningCollaboration is essential because the process of planning in corporations ought to get everyone onto the same page to ensure that activities are coordinated. Companies have multiple objectives for their planning processes. Chief among these is accuracy. But since things don’t always go to plan, companies need to have agility in responding to changes in a timely and coordinated fashion. In a small business, planning can be informal because of the ease of communications between all members and the ease with which plans can be modified in response to changing conditions In larger organizations the planning process becomes increasingly difficult because communications become compartmentalized locally and diffused across the entire enterprise. Setting and to a greater degree changing the company’s course requires coordination to ensure that the actions of one part of the organization complement (or at least don’t impede) the actions of others. Coordination enables understanding of the impact of policies and actions in one part of the company on the rest. Yet only 14 percent of companies are able to accurately measure that impact, and fewer than half (47%) have even a general idea. Integrated business planning address that issue.

In most organizations budgeting and operational planning efforts are only loosely connected. In contrast, next-generation business planning closely integrates unit-level operational plans with financial planning. At the corporate level, it shifts the emphasis from financial budgeting to planning and to performance reviews that integrate operational and financial measures. It uses available information technology to help companies plan faster with less effort while achieving greater accuracy and agility.

For companies to improve competitiveness, their business planning must acquire four characteristics. First, planning must focus on performance, measuring results against both business and financial objectives. Second, it must help executives and managers quickly and intelligently assess all relevant contingencies and trade-offs to support their decisions. Third, it must enable each individual business planning group to work in one central system; this simplifies the integration of their plans into a single view of the company and makes it easy for planners in one part of the business to see what others are projecting. Fourth, it must be efficient in its use of people’s time. Success in business stems more from doing than planning. Efficient use of time enables agility, especially in larger organizations.

Today’s business planning doesn’t completely lack these features, but in practice it falls short – often considerably. Senior executives ought to demand more from the considerable amount of time their organization devotes to creating, reviewing and revising plans. They should have easy access to the full range of plans in their company. They must be able to engage in a structured dialog with direct reports about business plans, contingency plans and business unit performance. Information technology alone will not improve the effectiveness of business planning, but it can facilitate their efforts to realize more value from their planning.

Regards,

Robert Kugel – SVP Research

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