EU Consumer Protection in Cloud Computing Contracts : Consumers in the Cloud.

Format:

Book

Author/Creator:

Dolny, Tomasz, author.

Contributor:

Bloomsbury (Firm), publisher.

Language:

English

Subjects (All):

Cloud computing--Law and legislation--European Union countries.

Cloud computing.

Consumer protection--Law and legislation--European Union countries.

Consumer protection.

Physical Description:

1 online resource (235 pages)

Edition:

1st edition.

Place of Publication:

London : Hart Publishing, 2025.

Summary:

Assesses whether EU consumer law effectively protects consumers in cloud computing contracts.

Contents:

Intro

Contents

Table of Cases

Table of Legislation

1. Introduction

2. Cloud Computing, its Development and Relevance

I. Introduction to Cloud Computing

II. Definition of Cloud Computing - Is there Anything New?

III. History and Development of Cloud Computing

IV. Economic and Societal Relevance of Cloud Computing

3. Consumer Risks in Cloud Computing

I. Introduction to Consumer Risks in Cloud Computing

II. Move to Services-Like Products

III. Lack of and Unclear Information

IV. Service Availability, Data Integrity and Data Loss

V. Contractual Complexity and Unbalanced Terms and Conditions

VI. Free Products and Payment with Personal Data

VII. Limitations of Liability

VIII. Remedies and Benchmarks for Assessing Conformity

IX. Territorial Links and Data Location in Cloud Computing

X. Privacy, Confidentiality and Vendor Lock-In

XI. Conclusions - New Products with Some Old Problems

4. Sources of EU Law and their Scope

I. Introduction

II. Consumer Rights Directive

III. Unfair Contract Terms Directive

IV. Digital Contracts Directive

V. Unfair Commercial Practices Directive

VI. Private International Law

VII. General Data Protection Regulation

VIII. Data Act

IX. Other Horizontal Legislation

X. Conclusions

5. Notion of Consumer and Classification of Cloud Products

II. The Notion of Consumer

III. General Classification of Cloud Products

IV. Legal Classification of Cloud Products

V. Conclusions

6. Conclusion of a Contract, Pre-contractual Information and Withdrawal

II. Conclusion of a Contract

III. General Pre-contractual Information

IV. Specific Information Obligations on Switching

V. Right of Withdrawal and Exceptions

VI. Effects of Withdrawal and Obligations of the Parties.

VII. Failure to Inform the Consumer and its Consequences

VIII. Conclusions

7. Obligations of the Cloud Provider and Conformity with the Contract

II. Obligation of Supply

III. Conformity with the Contract

IV. Notions of Functionality, Compatibility, Interoperability

V. Subjective Criteria of Conformity

VI. Objective Criteria of Conformity

VII. Integration and Third-Party Rights

VIII. Products of the Same Type, Normal Use and Reasonable Expectations

IX. Updates Stipulated by the Contract and to Keep the Product in Conformity

X. Other Modifications of the Product During the Contract

XI. Mandatory Nature and Possibility of Derogation

XII. Termination and Switching

XIII. Conclusions

8. Remedies in Cloud Computing

II. Remedy for the Lack of Supply

III. Hierarchy of Remedies for the Lack of Conformity

IV. Modalities for Bringing Digital Content or Digital Service Back to Conformity

V. Modalities for the Reduction of Price

VI. Modalities for Termination of the Contract

VII. Time Limits for Exercising Remedies

VIII. Burden of Proof

IX. Conclusions

9. Fairness of Standard Contract Terms and Conditions

II. System of Protection against Unfair Contract Terms and Conditions

III. Types of Contracts Covered by Fairness Assessment

IV. Terms which have not been Individually Negotiated

V. Exclusions from the Fairness Assessment

VI. Fairness Test

VII. The Consequences of Unfairness

VIII. Transparency Requirements

10. Business Practices as Regards Standard Terms and Conditions

I. Studies on Standard Terms and Conditions in Cloud Computing

II. Unilateral Contract or Service Variation and Notice

III. Termination and Suspension

IV. Data Ownership.

V. Data Handling (Location, Integrity, Data Loss)

VI. Availability of Service

VII. Data Preservation after Termination

VIII. Personal and Non-Personal Data Portability

IX. Contractual Guarantees

X. Limitations of Liability

XI. Jurisdiction and Choice of Law

XII. Conclusions

Appendix

11. Conflict of Laws and Jurisdiction in Cloud Contracts

II. Default Applicable Law

III. Choice of Law and its Validity

IV. Mandatory Rules Regardless of the Choice of Law

V. Protective Jurisdiction

VI. Directing Activities to the Country of the Consumer's Domicile

VII. Conclusions

12. Privacy and Security in the Cloud

I. Fundamental Right to Privacy in the Cloud

II. Personal Data in the Cloud

III. Controller and Processor in the Cloud

IV. Principles of Data Processing

V. Rights of the Data Subject

VI. Cross-Border Data Flows

13. Overall Assessment

Bibliography

Index.

ISBN:

1-5099-8505-0

1-5099-8507-7

OCLC:

1520506009