Qualificazione Giuridica dei Contratti di cloud computing
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.
Keywords: Cloud computing technology • IT contracts • Cloud contracts