EIRP Proceedings, Vol 8 (2013)

Abstract

Abstract: Cloud services are ubiquitous: for small to large companies the phenomenon of cloud service is nowadays a standard business practice. This paper would compile an analysis over a possible implementation of a cloud system, treating especially the legal aspect of this theme.

In the Italian market has a large number of issues arise form cloud computing. First of all, this paper investigates the legal issues associated to cloud computing, specific contractual scheme that is able to define rights a duties both of user (private and/or public body) and cloud provider. On one side there is all the EU legislative production related to privacy over electronic communication and, furthermore, the Privacy Directive is under a revision process to be more adaptable to new challenges of decentralized data treatment, but concretely there are no any structured and well defined legal instruments.

Objectives: we present a possible solution to address the uncertainty of this area, starting from the EU legislative production with the help of the specific Italian scenario that could offer an operative solution. Indeed the Italian legal system is particularly adaptable to changing technologies and It could use as better as possible to adapt the already existing legal tools to this new technological era.

Prior work: after an introduction to the state of the art, we show the main issues and their critical points that must be solved.

Approach: observation of the state of the art to propose a new approach to find the suitable disciple for cloud computing contracts.

Implication: main implications are about academics and researchers.