التنظيم القانوني لعقد الحوسبة السحابية

Abstract

Abstract: Cloud computing is considered as a revolutionary technology that is, as some argue, as significant as the industrial and agricultural revolutions. It has opened new doors for further enhancement and development for humanity. Nevertheless, such technology triggered serious concerns and challenges with respect to the current legal framework. The traditional legal notions are now examined in the light of a technical revolution; a challenging position which requires legislators and jurists to step in and take part to better understand this technology and its potential advantages and disadvantages. An intervention is needed to prevent future legal disputes or to solve existing ones, and to achieve this end, one should decide whether the existing legal provisions can be modified to accommodate these changes, or if new set of legal rules is needed. One shall keep in mind that legal security is key to enhance stability in this virtual world. Therefore, it is the aim of this study to collect pieces and scattered parts of this important topic, to perceive it and examine it from a legal perspective in the light of the relevant legal provisions, and recent case law. To achieve this goal, this study shall start with a preliminary introduction for the technical aspect of cloud computing, its features, potential disadvantages, and types. After that, we shall begin with the essence of this study, that is the legal framework governing cloud computing, which shall be divided into two parts. The first part shall be dedicated to examining how a valid formation of this contract can be achieved, whereas the second part shall focus on examining the accurate legal classification of cloud computing contract and its legal effects and implications.