نزار حازم محمد عقد التخزين السحابي (دراسة مقارنة)

Abstract

             Since we live in a world in which knowledge is advancing rapidly, and information technology, including communication protocols and modern storage methods, is its most important tool, it is necessary to have contracts that regulate and prove the rights and obligations of the parties to these digital transactions. These contracts must be concluded in accordance with the interests of their parties in a manner that does not violate the law or the system General principles of justice and fairness. Due to the modernity of these contracts and their special legal nature, it was necessary for us to follow modern legal and jurisprudential studies to clarify the nature of the cloud storage contract by defining it and clarifying its characteristics. Rather, we go further than that by trying to reach the legal adaptation of this contract as a deposit contract, a contract contract, or a contract. Rent or guarding contract? The study also discussed the responsibility of the parties to the storage contract Cloud storage, given that it is considered a modern contract and is often carried out through a virtual medium, therefore determining the responsibility of the parties is somewhat difficult, so we found it important to address it during this study by talking about the parties to this contract, and the cloud storage contract is like other contracts, as it begins. It must end, as it either ends naturally through expiration or invalidation, or ends with dissolution through annulment by the will of both parties or by order. Court or force of law. The contract must include a condition to delete all stored data and pledge not to use or leak it by the service provider after the end of the contract. From this standpoint, we call on the Iraqi legislator to regulate this type of contract due to its widespread popularity recently, as comparative legislation has done, such as the regulatory framework for cloud computing issued by Saudi Communications and Information Technology Commission.