CLOUD COMPUTING IN PRIVATE LAW

Resumo

 In the proposed article, a systematic analysis of legislative, doctrinal, and practical approaches in the field of private law regulation of relations related to cloud computing in Ukraine and the EU was carried out. This comprehensive study enabled the identification of both general and specific features of cloud computing, providing an opportunity to substantiate the optimal contractual forms for legal relations involving cloud computing. The article delves into the essence of cloud computing, presenting the main concepts existing within the science of private law, explaining their origins, and briefly analyzing the key legal acts that are pivotal in the contemporary regulation of cloud services. Through this analysis, the article highlights the legislative framework governing cloud computing, elucidating the complexities and nuances inherent in these regulations. Furthermore, the article examines the issues prevalent in contractual relations concerning the provision of access to (or the use of) cloud computing services. A comparative analysis of the contractual structures mediating the use of cloud computing under the legislation of Ukraine and the EU is conducted, shedding light on the differences and similarities between these jurisdictions. Special attention is paid to the multifaceted and intricate nature of the relationships that arise from the access to or use of cloud computing. These relationships offer a fertile ground for testing the principle of freedom of contract in practice, particularly in its interaction with copyright laws and cloud services regulations. The authors provides an in-depth analysis of various contract qualification options for the provision of cloud computing services, including lease agreements, license agreements, service provision agreements, mixed agreements, and other models. The article presents arguments for and against each contractual model, supported by both domestic and foreign judicial practices and a thorough analysis of the relevant legislative provisions. The conclusion drawn from the study indicates that the current legislation lacks specific legal norms that adequately address the rapid evolution of cloud computing-related relations, resulting in a problem of insufficient legal certainty. This calls for the development of more precise and adaptable legal frameworks to keep pace with technological advancements and the complexities of cloud computing.