Cloud computing is not only the infrastructure of the development of the digital economy but also the core driving force promoting the development of new productive forces.The Data Act,which has taken effect in the European Union,provides a high level of legal protection for users'rights to cloud data migration and service switching,whereas the current legal regulations in my country are not yet sufficient for cloud computing,and the special issues related to data migration involved in cloud computing lack comprehensive and systematic legal norms.The data migration service rules and agreements formulated by cloud service providers have a decisive impact on user rights.Apart from government department contracts for cloud services,cloud service providers usually use their advantageous position to set terms that are clearly unfair,resulting in restricted user rights to data migration,difficulties in ensuring the security of migrated data,passive data migration,and challenges in seeking legal redress.To avoid legal risks associated with cloud data migration,it is necessary to clarify the principles and scope of the right to data migration when formulating general rules for user data migration services,establish the legal obligations of cloud service providers for security assurance,improve the provisions regarding user data migration in service rules and agreements,and enhance legal consideration and protection of rights in terms of system compatibility in government cloud data migration contracts.This aims to promote healthy competition among major cloud service providers and safeguard general users'rights to data migration.
关键词
新质生产力/云计算/数据迁移/服务规则/安全保障义务
Key words
New Productive Forces/Cloud Computing/Data Migration/Service Rules/Obligation of Security Assurance
维普
万方数据