Cloud Computing Law

This book is about the legal implications of cloud computing. In essence, ‘the cloud’ is a way of delivering computing resources as a utility service via the internet. It is evolving very rapidly with substantial investments being made in infrastructure, platforms and applications, all delivered ‘as a service’. The demand for cloud resources is enormous, driven by such developments as the deployment on a vast scale of mobile apps and the rapid emergence of ‘Big Data’. Part I of this book explains what cloud computing is and how it works. Part II analyses contractual relationships between cloud service providers and their customers, as well as the complex roles of intermediaries. Drawing on primary research conducted by the Cloud Legal Project at Queen Mary University of London, cloud contracts are analysed in detail, including the appropriateness and enforceability of ‘take it or leave it’ terms of service, as well as the scope for negotiating cloud deals. Specific arrangements for public sector cloud procurement and questions about ownership of data in clouds are also explored. Part III focuses on protection of personal data in clouds and tackles these frequently asked questions: what information is protected, who is responsible, which law(s) apply, and how are international data transfers regulated? Finally, Part IV addresses governance challenges relating to access to data in clouds by law enforcement authorities, ways of facilitating competition between cloud service providers, and the consumer protection implications of cloud computing. The book concludes with an assessment of what needs to be done for effective cloud governance frameworks to be developed.