The proper law applicable to cloud technologies

Abstract

The thesis is a study of the Legal concerns arising from the use of cloud technologies. During the research a multi-disciplinary and comparative research methodology was used. The study examines the emerging legal questions about the issues and challenges of cloud-based technologies. It attempts to tackle the various issues experienced such as data security, personal data protection, intellectual property protection, as well as understanding where the cloud platforms, storage and database centres are located or hosted and the possible legal implications therof. International sources from disciplines such as the computer sciences, regulators and legal practitioners, who have all presented critical responses to the growing challenges posed by the cloud and how the cloud is regulated, were used. By doing so the legal implications of jurisdiction, information ownership and issues of regulatory control, competition and cross-border data flow regulation were scrutinised. The thesis is targeted to assist legal practitioners, academics and regulators by presenting a wider realistic view of the issues and challenges being faced. The results provide a first step towards addressing the legal concerns arising from the use of cloud technologies and help drive the transformation of the legislation applicable for cloud technologies.