Consumer protection in cloud computing contracts stipulating non-monetary remuneration

Abstract

Abstract The convenience of cloud services rapidly increases their popularity among consumers. Although the services are often marketed as free, the consumer may be required to provide remuneration. Instead of charging a fee, however, providers usually collect assets other than money, in particular consumer’s personal data. This raises serious questions about consumer protection which until recently has mainly covered ‘paid’ contracts. Moreover, treating some forms of non-monetary remuneration as payment is controversial due to the special status of the information provided by the consumer in exchange for the service. The article analyses the impact of non-monetary remuneration on consumer protection in cloud computing contracts, taking as reference points Directives 2011/83 (with the latest amendments) and 2019/770. The following considerations highlight the disadvantages of both Directives, concluding that they do not remove all the concerns associated with cloud computing contracts. The article also indicates possible solutions to the issue of non-monetary remuneration.