Clauzele privind drepturile consumatorilor în contractele de servicii cloud computing

Rezumat

The cloud computing services agreements in which the software as a service component is predominant and which have a mass enforceability involve, in principle, the consumers’ provision of access to certain applications through a virtual structure of the cloud type, against the payment of a periodical royalty by the user (the amount of which is regularly adjustable depending on the used traffic). In those cases where the platform as a service component is predominant, the user shall have the capacity to launch in the cloud infrastructure any applications created or acquired by the client (which differentiates it from the cloud services of the software as a service type), using the provider’s programming languages and tools. In these situations, it is important to emphasize the presence of the items of the leasing agreements, as in the case of the cloud services agreements of the infrastructure as a service type. This last version is the third contracting version, by which the user shall be provided with access to a cloud computing network against a monthly royalty, and the issues related to the capacity of data storage and processing shall be predominant. Under the IaaS service agreements the user acquires access to the provider’s IT infrastructure on the virtual platform, having an outsourced basis, including data storage services or network components, with the possibility for the user to generate his own content and to develop an infralink on the IT premises of the respective provider. The provisions of redirecting the risks related to the data disappearance raise, in their turn, questions of judicial interpretation and for this reason we will deal with them in a separate section. The question of validity of the arbitration provisions in the cloud computing services agreements shall also represent the subject matter of a careful examination.