Aspectos jurídico-mercantiles de la suscripción de servicios de computación en la nube por pequeños empresarios; en particular, implicaciones en el sector turístico

Abstract

This doctoral thesis focuses on the contracting of Cloud Computing services in its modality of public implementation by the small entrepreneur, which takes place online and through general conditions. The public cloud mode allows the small business owner an economic and simple implementation of computer resources, which will be received through the Internet, and in which the provider will be responsible for acquiring, maintaining and updating the computer systems that support the service. Our work aims to provide a uniform treatment of the most common contents of non-negotiated Cloud Computing contracts, and especially the obligations that integrate the legal relationship between the small subscriber and the service provider. On the other hand, we want to determine the legal nature that corresponds to the generality of public cloud contracts. Finally, solutions to the specific problems arising from these new and extended contracts related to the ownership of the migrated data, the protection of privacy and the destination of the remaining data in the supplier's systems are proposed, once the contract has been ended. Regarding the cloud contracts signed by the small business owner of the tourism sector, we want to identify the most popular public cloud deployment services, and analyze those issues that are especially sensitive, such as the continuity of the service and the availability factor or the impact on the reputation of the establishment or tourist service.