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UM E-Theses Collection (澳門大學電子學位論文庫)

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Title

Regulation of cloud computing and emerging contractual practices of cloud service providers

English Abstract

Cloud Computing became one of the most significant technologies that is closely related to such areas as e-commerce, data protection, data turnover, Big Data and the Internet of Things. Being created in the middle of different legal spheres, Cloud Computing — mostly because of the trans-boundary nature of the technology itself — became international, not as a subject of international law, but as an internationally consumed service. The users who are not limited by the localization of the provider now can access to the cloud from everywhere, so the cloud service consuming stepped over the national markets to the international fields. Its technological and economical benefits, that allow the consumers not to be strictly dependable on the hardware, increases the popularity of the service. But, at the same time, Cloud Computing providers and consumers face the bunch of problems, most of which arises from the point that the law of "traditional" hard technologies seems not to be a good regulation for it. This thesis seeks to analyze the issues of Cloud Computing regulation. Starting from the brief overview of clouds as some IT phenomena, the thesis moves to the questions of uncertainty of the legal regulation, that are concerning the individual rights (such us right of privacy, data security, etc.) and jurisprudence issues. The different approaches that addressing such issues are discussed through the prism of the most applicable legal acts (national and International). In the next parts contractual emergency practices are discussed, and the analysis of about 30 standard-term contracts from world-wide known large cloud providers (Apple, Google, etc.) and national-orientated providers is made. The examination of the different contracts, also as contracts clauses and legislation rules has been done, during which some important issues and challenges are raised. In the last part of the thesis, the comparative research of the Russian Federation's cloud legislation is made, to highlight the same main points of Cloud Computing law — the legislative part and the contractual differences, that have some significant points that should be mentioned.

Issue date

2017.

Author

Kuchina, Yaroslava

Faculty

Faculty of Law

Degree

LL.M.

Subject

Cloud computing -- Law and legislation

Cloud computing -- Security measures

Data protection

Supervisor

Ramaswamy Muruga Perumal

Files In This Item

Full-text (Internet)

Location
1/F Zone C
Library URL
991005909519706306