Some Legal Aspects Of Cloud Computing Contracts

Author:Carlos A. Rohrmann - Juliana Falci Sousa Rocha Cunha
Journal of International Commercial Law and Technology
Vol. 10, No.1 (2015)
Carlos A. Rohrmann & Juliana Falci Sousa Rocha Cunha
Abstract: Cloud computing is a current reality in technology that is being widely
adopted by lar ge companies. This study discusses cloud computing and information
security. It also includes some of the advantages and risks, models of system and service
adopted, as well as key services offered by the providers of cloud computing. It also
addresses th e legal issues of cloud computing contracts, with a focus on the contracting
parties, on their goal and main clauses that must be addressed in this atypical contract,
among them th e integrity and confidentiality of data plus information requirements for
supplying information and the purpose of the content stored in the case of a breach of
1. Introduction
Currently it is very difficult for organizations to survive without the support of information technology,
which enables a great improvement of business competitiveness.
With the growth of internet speed, business learned the need for a more quick an d efficient
interaction with clients. So, companies started to focus on their core business, leaving other activities to
third parties. Cloud computing is a good tool for companies to accomplish such a goal.
At this point in time, cloud computing is widely used by big companies. It offers more advantages
than disadvantages to companies, allowing them greater productivity, great data processing power an d
cuts desk costs.
In addition, cloud computing also allows IT companies to store and process their data remotely.
Data can be retrieved anytime and anywhere through simple devices such as smartphones.
There are several services offered by th e cloud providers, such as the storage of files, backups,
provision and management, and software updating and service support.
However, in order to assure the security of the information, it is important that data is not accessed
by third parties, including competitors, government and non-allowed users.
Thus, r egarding the security of information, it is important that the service provider pays strict
attention to client identification, to the use of encryption and the security of the whole infrastructure.
In order to maintain the legal certainty of the stored content it is essential to have a comprehensive
business contract between the provider that offers the service of cloud computing and the client who uses
the service.
2. Cloud computing and the information security
2.1 Concept
Cloud computing and its concept have evolved significantly in recent years.
Initially, data was stored inside the company’s own computer systems, with no possibility of
external storage neither remote access.
Subsequently, data began to be stored on a computer of external company, outside the corporate
environment, the so-called data centers - often outsourced services.
They had several servers, which enabled the storage of large volumes of data, including the data of
more than one company.

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