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Regulation of Cloud Services under US and EU Antitrust, Competition and Privacy Laws


Sára Gabriella Hoffman

This book examines how cloud-based services challenge the current application of antitrust and privacy laws in the EU and the US. The author looks at the elements of data centers, the way information is organized, and how antitrust, competition and privacy laws in the US and the EU regulate cloud-based services and their market practices. She discusses how platform interoperability can be a driver of incremental innovation and the consequences of not promoting radical innovation. She evaluates applications of predictive analysis based on big data as well as deriving privacy-invasive conduct. She looks at the way antitrust and privacy laws approach consumer protection and how lawmakers can reach more balanced outcomes by understanding the technical background of cloud-based services.

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13 Conclusions and Outlook


13 Conclusions and Outlook

The two largest obstacles cloud service providers face on the EU market is the lack of a predictable legal environment and gaining the market’s trust to adopt cloud-based solutions for business and private utilization model. The customers demand a higher level of accountability from cloud service providers in the EU in comparison to the U.S.

Cloud computing is a new technology. As a new technology, it faces an abundance of regulations that are undergoing large changes. Investing in this new technology as a customer also means that there is a risk of legal uncertainty under current and future provisions. The scope of the liability is not fully foreseeable at this stage. But the first waves of the new EU data privacy regime can already be seen in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos (AEPD), Mario Costeja González573 and the right to be forgotten. Designing contracts with tight and detailed rules around data collection, retention, transmission and deletion have become the primary tool of cloud service providers to navigate EU laws. The relationship between the service provider and the customer is largely governed by their contractual relationship on the level of private ordering. Now, companies need to go back and revise these contracts to meet the stricter requirements of the GDPR and the Privacy Shield, especially with regard to onward transfers to sub-processors.

This thesis described the basic technical parameters of cloud...

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