Cloud Computing in the EU Policy Sphere

Cloud computing is a new development that is based on the premise that data and applications are stored centrally and can be accessed through the Internet. Our Article sets up a broad analysis of how the emergence of clouds relates to European law. We single out European competition law, network regulation, and electronic commerce regulation, which we relate to the main challenges for the further development of cloud services in Europe: interoperability and data portability between clouds; issues relating to vertical integration between clouds and Internet Service Providers; and potential problems for clouds to operate on the European Internal Market. We find that these issues are not adequately addressed across the legal frameworks that we analyze, and argue for further research into how to better facilitate innovative convergent services such as cloud computing through European policy- especially in light of the ambitious digital agenda that the European Commission has set out.

Keywords: cloud computing, European Law, competition law, telecommunications law

JEL Classification: K21, K23, L86, L96, L81

Suggested Citation: Suggested Citation

Sluijs, Jasper P. and Larouche, Pierre and Sauter, Wolf and Sauter, Wolf, Cloud Computing in the EU Policy Sphere (August 15, 2011). Journal of Intellectual Property, Information Technology and e-Commerce Law 3(1) 2012, TILEC Discussion Paper No. 2011-036, Available at SSRN: https://ssrn.com/abstract=1909877 or http://dx.doi.org/10.2139/ssrn.1909877