| The consumers who use the cloud computing services enjoy great convenience because of the rapid technological advance.They,however,put their data at certain risks when making use of such services,which can damage the national security,enterprises' intellectual property security and personal data security.For the sake of protecting the data security,mass countries have been introducing laws upon this aspect,and thus the terms of the cloud computing contract need to make some special arrangements in accordance with the rules.Moreover,with their autonomous wills,the parties of the cloud computing contract can add some particular clauses in an effort to deal with the secure problems,such as the data localization requirements clause,the data confidentiality clause,the data integrity clause,the security policy clause,and the privacy policy clause.Another point is,the general methods of dispute settlement are capable of solving the disputes arising from the cloud computing contract that entails secure problems,but the issue like the retention of data as well as the disputing party who is not the party of the cloud computing services should be paid more attention.In the most cases,the parties are able to choose the law that is applicable and the forum where disputes will be considered,while mandatory regulations sometimes may override the choice of law and the choice of forum clauses made by the contracting parties.In addition,the data protection legislation of countries represented by the European Union has the tendency to expand its legislative jurisdiction,resulting in some cases may be subject to jurisdiction compulsorily by some domestic or regional courts.Take a look at China,the laws related to data security of the cloud computing contract are imperfect,making the juridical activities suffer from puzzles and inconvenience.It is hoped that these problems will be solved in the forthcoming Personal Data Protection Act and other pertinent legislation. |
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