Derechos personalísimos y de índole patrimonial en el cloud computing: el derecho a la intimidad y la propiedad intelectual con especial atención a la copia privada en la nube

Résumé

Cloud computing is one of the characteristic services of the digital society, affecting many areas of law. Use of the cloud is not reserved solely for companies or public administrations, but is available to individuals who access it on what is often a daily basis via their various electronic devices. It is this use that puts at risk several fundamental rights of the user – such as personal and family privacy – or the property rights of third parties – such as copyright or related rights. In this regard, an analysis is required of the recent decision of the Court of Justice of the European Union in relation to such technology and private copies of works and services protected by intellectual property: the ruling handed down on 24 March 2022 in case C-433/2, Austro-Mechana v. Strato.