Dropbox modifies its conditions and terms

28.03.2014

The cloud computing service, more commonly known as “the cloud”, has revolutionized the transmission of information, raising new challenges on data protection. One of the best known companies for offering free services is Dropbox. This company announced on the 20th of February a modification of its conditions and terms. These new conditions will be applicable starting the 24th of March.
 

Among the main new points introduced by Dropbox is the arbitration clause, as an alternative dispute resolution method between the users and the company. If in thirty days after the entry into force of these new conditions the users don’t fill the application form, they will be submitted automatically to the arbitration process. However, prior to this arbitration phase, the client shall accept to be submitted to the conciliation within a period of fifteen days.

The doubtful application of this clause to consumers in EU.

It is convenient to indicate the questionable effectiveness of this consumers’ arbitration clause in the EU, since the contract clauses establish San Francisco as the location for the arbitration process, and, thus, being applicable the Californian Law. 

If we attend to the internal rules of Member States, (since the arbitration is an excluded matter from the 44/2001 Regulation) and, particularly, the Spanish ones on consumer’s rights, these arbitration submission clauses might be annulled according to the article 90 of the consolidated text of the Consumers and Users’ General Law.

The EU Member States’ regulation is especially protective of the consumers, as the European Council pointed through the Directive 93/13/EEC of the 5th of April, 1993, on the unfair terms in consumer contracts, which allows the national judge to assess ex officio the abusive nature of the contractual term.

Access permissions to user’s files

In addition, Dropbox will be able to access user’s files, tracing new documents. And, although the company points out that they will not use this data for the publicity aims, the data privacy could be infringed.

Written by Elena Gutiérrez

Source:

http://www.eprivacidad.es/dropbox-modifica-privacidad-para-acceder-ficheros/       

http://terminosycondiciones.es/2014/02/28/dropbox-renueva-terminos-y-condiciones-las-novedades/        

https://www.dropbox.com/privacy2014

Image: Eugenio Tiengo (CC BY-NC-SA 2.0)



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