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Qualificazione Giuridica dei Contratti di cloud computing

Pietro Cavarzeran    Dottorando di ricerca in Diritto, mercato e persona nell'Università Ca' Foscari Venezia    



Since its burst in the last twenty years approximately, cloud computing technology has quickly changed the way enterprises structure their business model, giving economic actors an unique tool to cut down IT costs and to obtain (virtual) unlimited computing capability to run their activities. Critical aspects of cloud computing emerge when dealing with the structure and the contents of contracts that define the supply of computing capability from cloud providers to final users. In particular what worries cloud users is the absence of a legal frame defining cloud contracts since these are systematically prearranged by cloud providers without further chance of negotiation with specific reference to disclaimer clauses. Given this initial hint and waiting for a general and complete regulation of the matter, the purpose of this contribution is twofold: to pinpoint the characteristics of cloud computing contracts in term of contract structure and contents and to try to identify, within the legal tools provided by Italian civil law, one or more so-called “typical contracts” to whom connecting cloud computing contracts in order to provide an enhanced “legal certainty” for cloud users.

Dec. 18, 2017
March 22, 2018
Jan. 16, 2018

Keywords: Cloud contractsIT contractsCloud computing technology

Copyright: © 2017 Pietro Cavarzeran. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.