On The Applicability of the Consumer Protection Code to Cloud Computing Transactions in Brazil

Abstract

We examine some important issues and concepts of the Consumer Protection Code (in Portuguese, CDC) and the difficulties of applying them to cloud computing contracts offered in Brazil. The main conclusion is that the Brazilian current consumer law offers important difficulties in relation to the interpretation of some concepts, such as the concept of ―remuneration‖ present in the definition of ―service‖. By raising a discussion on the legislative lacunae in relation to a new reality present in cloud transactions involving consumers that use free cloud services for both personal and later professional interests, i.e. ―prosumers‖, the paper aims to offer suggestions which can help the legislators or even judges to overcome the risks of leaving this cloud computing sector far from the protective rules of a consumer rights‘ code.