Cloud Computing under the gaze of UNCITRAL

The normative works of the United Nations Commission on International Trade Law (UNCITRAL) in Electronic Commerce have been fundamental pillars for the development of the computer law. The Working Group IV has established fundamental rules on digital evidence, electronic contract and electronic communications in international contracting. Since 2014, at the initiative of the Government of Canada, this Working Group has been exploring the issue of the legal  aspects of cloud computing.

The normative works of the United Nations Commission on International Trade Law (UNCITRAL) in Electronic Commerce have been fundamental pillars for the development of the computer law. The Working Group IV has established fundamental rules on digital evidence, electronic contract and electronic communications in international contracting. Since 2014, at the initiative of the Government of Canada, this Working Group has been exploring the issue of the legal  aspects of cloud computing.

It does not seem advisable that the result be a model law as in other cases of legislative harmonization but a guide of the main issues that must be taken into account by the different subjects that use this new technology. According to UNCITRAL: “The consultations revealed preference for a non-legislative text that would analyse contractual issues relating to cloud computing and possible approaches to them. It was considered unfeasible and undesirable to prepare a legislative text (e.g. a model law or legislative guide) given sensitive policy issues, such as personal data protection and jurisdictional aspects, that cloud computing raised”

In the last working session of 2017, UNCITRAL considered this thematic index to address the content of the contractual guide:

(a) Freedom of contract and the applicable legal framework

(b) Formation and form of the contract

(c) Description of services and performance parameters

(d) Risk allocation

(e) Government access to data

(f) IP issues

(g) Price and payment

(h) Liability

(i) Duration, renewal and termination

(j) Amendments of contractual terms

(k) Dispute resolution

From Colombia and from the Business Law Unit of the Universidad Externado de Colombia we will continue accompanying this relevant work with comments. We hope that the final version of the guide will be very useful for the different users of cloud computing services. particularly for small and medium-sized companies.