Cloud computing : a new challenge to law

Abstract

Cloud Computing has been creating a notable spark of controversy during the past years mainly because its technology is exposing the archaic state of many laws which are not ready to cater for the opportunities this technology is offering for users. This thesis explores the multi-faceted world of the cloud, and comprehensively discusses the issue of cloud computing from various angles. The priority of the questions that are answered in this thesis are related to the type of data that is being uploaded on the cloud and what types of different rights this data attracts. Furthermore the thesis also discuses how the cloud end user is protected or jeopardised if the data is stolen or lost. Data Protection is one of the main issues concerning the cloud and as a matter of fact this thesis discusses widely this issue especially in the light of the current Data Protection Directive and the Proposed Data Protection Regulation. As every other business the cloud business is highly regulated by contracts between the provider and the user, such contracts can at times jeopardise the rights of the consumer and as a matter of fact the thesis analysis the clauses which form part of these contracts. Finally the matter of jurisdiction and applicable law and thus where a consumer can seek redress when a problem arises is also explored. This topic is discussed together with the issue of cyber crime in the cloud. It may be thought that the cloud can facilitate cyber crime to occur both as a platform from which it happens and as a victim for it to be attacked. This issue is discussed at length and in the light of the current Budapest convention on cyber crime.