CLOUD COMPUTING AND LAW (VII) – LEGAL ISSUES RELATED TO CLOUD COMPUTING CONTRACTS (V)

Av. Sevcen CAN & Av. Yasemin ÇORAK

In our previous article, we mentioned the problems that may arise regarding the nonliability clauses in cloud computing contracts (Please see…). In this article, we explain the potential problems thay may arise regarding the termination of cloud computing contracts.

5) The Problems That May Arise Regarding the Termination of Cloud Computing Contracts

Cloud computing contracts may end due to various reasons such as expiration of the contract, user’s preferance to get the service from a different service provider, user’s creating his own data storage and data processing infrastructure, arise of any conditions included in contract and the termination of contract etc …

One of the most important problems that may arise with the termination of cloud computing contracts is the dispute regarding the return of the data to the user. Apart from this, copying or backup of data without the consent of the user are the most common problems regarding the termination of the contracts. In case of such problems and disputes, the provisions regarding safekeeping contracts regulated in the Turkish Code of Obligations will need to be considered. Because, cloud computing contracts partially contain the features of safekeeping contracts.

According to the regulations regarding safekeeping contracts included in Articles 561 to 581 of the Turkish Code of Obligations, service provider;

  • cannot use the data without the consent of the user,
  • is obliged to return the data upon the request of the user,
  • must secure the data in a safe place.

In this regard, it is recommended that a cloud computing contract must include clauses stipulating that data cannot be copied, processed, backed up by the service provider and that data will be deleted from all platforms and returned in a format suitable for backup and processing in another service provider’s system upon termination of the contract.

In our next article, we will explain the problems in case of changing any clause included in cloud computing contract by the service provider.

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