Expiry of the cloud storage contract: A comparative legal study
Abstract
The cloud storage contract is a form of cloud computing agreement that falls within cloud hosting arrangements. It is distinguished by the nature of storing data on the Internet, whereby servers and technical infrastructure are provided by a cloud service provider. This provider manages and maintains the infrastructure and ensures that the user can access their data at any time and from any location.
Like all continuous contracts, a cloud storage contract ends naturally upon the expiry of its agreed term. It may also terminate by mutual agreement of the parties, by judicial decision, or by operation of law. To protect the privacy and confidentiality of the user's data the user being the second party in the contract the agreement must include a clause requiring the service provider to delete all stored data and a commitment not to use or disclose it after the contract ends. In order to safeguard the rights of both parties, especially the weaker party, who is typically the user, numerous legal frameworks have been enacted.
This research adopts a comparative approach between Iraqi law and French civil law, with primary emphasis on the Iraqi legal system, to provide a clear legal understanding of the technical concepts and terminology associated with these contracts. The study calls upon the Iraqi legislator to regulate this type of contract in line with developments in other legal systems.
References
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- The US Health Insurance Portability and Accountability Act of 1996.
- EU General Data Protection Regulation (GDPR) April 14, 2016.
- . European Council Convention No. 108 of 28 January 1981 - Convention for the Protection of Individuals with Respect to the Processing of Personal Data.
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