Consumers in the cloud: EU consumer protection in cloud computing contracts

Cloud computing means the storing, processing and use of data accessed over the internet on remotely located computers. Streaming media from the cloud, accessing social media, storing pictures or having a backup of important data in the cloud have become common consumer products. Cloud computing poses various challenges to traditional concepts in consumer law. What information should the consumer receive? What remedies are offered in case of problems? Are the terms and conditions of the contract fair? Which law applies? Those legal questions can appear in everyday situations when consumers use cloud storage or access films and music online. This thesis assesses whether the EU consumer contract law framework is already appropriate to regulate business-to-consumer cloud computing contracts. The thesis describes the legal framework applicable to cloud products and identifies legal gaps or loopholes which might affect consumer trust in cloud computing. The assessment follows the “life cycle” of the contract starting from the pre-contractual information obligations, the conclusion of the contract and subsequently presenting different legal issues in the application of EU law to cloud computing linked to private contracts between cloud providers and consumers.