Monitor Prawniczy

no. 9/2014

Division of responsibility for cloud computing of personal data with a view to formulating contractual provisions – selected issues

Bogdan Fischer
Abstract

Given the widespread use of cloud computing, the aim of the article is to analyse changes in the regulatory approach as a result of redefining information technology in that area; to examine selected conditions of computing – not only normative, but also structural and procedural. One such aspect is the division of responsibility between the customer and the provider for cloud computing of data with a view to formulating contractual provisions. However, this model does not include exclusively civil law solutions. On the contrary, alongside their development the role of the administrative law is increasing. Cloud computing indicates the need for interaction between those branches of law. In certain aspects, the borderline between the application of the administrative and civil law seems to be very vague. The selected solutions of that model have been analysed from the viewpoint of the next stage of technology development, legal mechanisms and regulations used data is transmitted (both internally and cross border), and as an element of information society, web community or global media community.