ABSTRACT

The failure of a cloud computing service provider has been acknowledged as presenting significant potential risk, given growing usage of cloud services by businesses, including financial institutions, public authorities and individuals. The disruption that a loss of access to data, or the means to process it, could present risk of a systemic nature. However, approaches to cloud computing insolvencies are yet to receive significant attention in academic literature. This article represents an initial attempt to identify the potential impact of an insolvency in this area as well as possible contractual approaches to risk containment, noting their limitations. It then identifies possible data recovery difficulties and the tensions that this would lead to in insolvencies. Drawing upon examples of insolvencies in other sectors, it suggests preventative and reactive approaches to cases of wide public impact, as well as a need for a supranational approach given the potential for a ‘too big to fail’ scenario.

摘要

考虑到企业（包括金融机构，公共机构和个人）对云服务的使用日益增加，云计算服务提供商的失败已被证明存在巨大的潜在风险。无法访问数据或处理数据的方式可能会带来系统性风险。但是，云计算破产的方法尚未在学术文献中得到广泛关注。本文是对破产在此领域的潜在影响以及可能的合同控制风险控制方法的初步尝试，并指出了其局限性。然后，它确定了可能的数据恢复困难以及将导致破产的压力。借鉴其他部门破产的例子，