Cloud computing and European Union private international law

Abstract

Cloud computing is inherently an activity which transcends territorial borders. Providers may offer services to customers on a worldwide basis, involving a chain of intermediaries or subcontractors scattered around the globe. Data may be stored on servers the location of and the control over which is unknown to customers; data, software, and applications may be accessible from anywhere in the world. This reality raises questions of private international law. Which law applies in the event of a dispute? Which court has jurisdiction to hear a claim? Will any resulting judgment be recognised and enforced? This article describes the current practice of terms and conditions of cloud computing contracts and the application of the rules of EU private international law to such contracts.