Cloud storage services in public clouds: Privacy and security terms of the stored content from Chilean Law perspective

Abstract

Cloud storage services in public clouds (Dropbox, Google Drive, iCloud, etc.) allow users to store, to access and to share digital content twenty four hours a day and seven days a week, just using an internet connection and a compatible device. The security of stored digital content is a concern for both parties, both the service provider and the client. Along with the technical tools intended to offer security in the use of the service, we also find several "contractual tools", which define the client's expectations regarding the integrity and privacy of the stored content (for example, clauses on the use and access to these contents by the service provider itself or by third parties, or limitation of liability clauses in favor of the provider). This work offers an analysis of this contract and those clauses, with the purpose to determine its content, validity and effectiveness, from Chilean Law perspective.