Model usługi świadczonej w chmurze obliczeniowej a status administratora danych osobowych

Abstract

The article examines the influence of the cloud computing service model on the status of a personal data controller, with reference to the Court of Justice of the European Union sentences in C-131/12 and C-210/16 cases. First, the author shortly characterises cloud computing and the service models based on it. Then, he subordinates the roles of the controller and the processor to the particular models of cloud computing. Finally, the author points out that in cloud computing relations the customer is a personal data controller, whereas the cloud provider depending on the model may be a processor or, in case of IaaS and PaaS models, might use disclaimer mechanisms included in the Act on Rendering Electronic Services.