Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law-Reference-Cited by-同舟云学术

Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law

Published:2020-06-26 Issue:1 Volume:14 Page:83-104
ISSN:1802-5951
Container-title:Masaryk University Journal of Law and Technology
language:
Short-container-title:MUJLT

Author:

Żok Krzysztof^ORCID

Abstract

The undoubted popularity of cloud computing stems in particular from the fact that the provider can simultaneously offer access to his or her computing resources to an almost unlimited number of users located in different countries. Although this feature brings significant benefits to the provider, it also raises serious questions regarding the law governing the contract. The concerns become especially relevant in the case of contracts concluded between a consumer and a professional due to the limits of the choice of law and the special rules protecting consumers.The article analyses the law applicable to cloud computing contracts concluded with consumers. The considerations focus on the special provisions regarding consumer protection. Contrary to some comments, the article claims that the current legal framework is sufficient to determine the applicable law, although this task is not without doubts.

Publisher

Masaryk University Press

Subject

Law,Library and Information Sciences,Computer Science Applications

Reference41 articles.

1. Personal Jurisdiction and Choice of Law in the Cloud;Andrews;Maryland Law Review,2013

2. [2] Bogdan, M. (2011) Website Accessibility as Basis for Jurisdiction under the Brussels I Regulation. Masaryk University Journal of Law and Technology, 5 (1).

3. [3] Bradshaw, S., Millard, Ch. and Walden, I. (2011) Contracts for Clouds: Comparison and Analysis of the Terms and Conditions of Cloud Computing Services. International Journal of Information Technology and Law, 19 (3).

4. [4] Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, 1968, (1972/L 299/32). Available from: https://curia.europa.eu/common/recdoc/convention/en/c-textes/brux.htm [Accessed 13 January 2020].

5. [5] Castro, C., Reed, Ch. and de Queiroz, R. (2013) On the Applicability of the Common European Sales Law to some Models of Cloud Computing Services. European Journal of Law and Technology, 4 (3). Available from: http://ejlt.org/article/view/186/409 [Accessed 13 January 2020].