云服务合同法律问题研究

Legal Issues on Cloud Service Contract

伴随着云计算产业的发展,云服务合同作为规范云服务提供商和消费者之间权利和义务的协议近年来被普遍使用。云服务合同本质上是一种服务合同,但相比于传统服务合同,云服务合同拥有自身的一些新特点,并由此产生了一些新问题。在对云服务合同中关于合同修改、数据安全、知识产权等具体条款进行逐一分析的基础上,认为对云服务合同进行法律规制是保护消费者、促进行业健康发展的必要措施。在对云服务合同进行法律规制时,必须坚持公平和效率并重的原则;在维护公平的基础上,也应注重经济效率的提高和社会创新的开展。

Along with the development of cloud computing industry, cloud service contract has been widely used in recent years as an agreement to regulate the rights and obligations between cloud service providers and consumers. The cloud service contract is essentially a service contract, but compared with the traditional service contract, this contract has new characteristics, and thus new problems arise along with it. Based on the analysis of cloud service contract for contract modification, data security, intellectual property and other specific terms one by one, it is concluded that legal regulation of cloud service contract is the necessary measure to protect consumers and promote the healthy development of the industry. In the legal regulation of cloud service contract, the principle of paying equal attention to efficiency and fairness must be adhered to. On the basis of maintaining fairness, improvement of economic efficiency and the development of social innovation should also be emphasized.