Amendments to Cloud Computing Contracts
Assistant Professor. Faculty of Law, Ajloun National University, Jordan
Ali Akram Kadhim
Assistant Professor, private law, Civil Law, Lecturer at the Faculty of Law, Al-ALBayan Private University
Hashem Ahmed Balas
Assistant Professor, Faculty of Law, Ajloun National Private University, Jordan
Majed Al-Sarhan
Department of Law, criminal law, Zarqa University, Jordan-Alzarqa’a
Abstract
The globalization era has brought about drastic changes to the world, with people's daily lives increasingly centred around their dependency on technology. Cloud computing has gained substantial interest from scholars, owing to the emergence of legal challenges facing the use of various electronic contracts. Cloud computing contracts, arisen recently, are among the most significant novel electronic contracts used globally nowadays for providing substantial services, and because of their novelty, Jordanian lawmakers, like many others, have not yet regulated them with special provisions even after the Electronic Transactions Law was issued. Cloud computing contract primarily creates reciprocal obligations for both parties to the contract necessitating the establishment of a legal framework governing this contractual relationship, using the relevant general rules in Jordanian legislation and comparative legislation. The implementation phase of a cloud computing contract is among the most serious phases since it involves the implementation of the rights and obligations agreed upon by the parties or one of them and its performance impacts the contract's legal effect. Commonly, the implementation phase is the riskiest phase, whether in traditional contracts or cloud computing contracts. However, in the former, the risk has been controlled to some extent by resorting to the general rules of civil laws, and in the latter, we are dealing with a contract that must be performed once the contractual conditions are met, as the cloud program typically undertakes its execution. Here we raise the following questions: To what extent can the cloud computing program address contractual obligation risks and adapt to them in a way that does not inflict harm on either of the contracting parties or disrupt contractual balance? In this research, we will discuss the legal provisions regulating the amendment of contracts, the extent of their applicability to cloud computing contracts and the extent of their suitability for them to try to answer the questions raised