Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law

Abstract

The undoubted popularity of cloud computing stems in particular from the fact that the provider can simultaneously offer access to his or her computing resources to an almost unlimited number of users located in different countries. Although this feature brings significant benefits to the provider, it also raises serious questions regarding the law governing the contract. The concerns become especially relevant in the case of contracts concluded between a consumer and a professional due to the limits of the choice of law and the special rules protecting consumers.The article analyses the law applicable to cloud computing contracts concluded with consumers. The considerations focus on the special provisions regarding consumer protection. Contrary to some comments, the article claims that the current legal framework is sufficient to determine the applicable law, although this task is not without doubts.