The Subject and Civil Law Nature of Big Data Processing Agreements (On the Example of User Agreements)

The article offers an example of Google and Yandex user agreements to review the problems of determination of the nature of so-called user agreements entered into to process big data; solution of such problems gives an opportunity to determine the legal nature of such agreements. It is specified that processing of big data including personal data is based on web analytics. The paper studies the legal meaning of the approach to big data processing defined as Big Data as a Service or BDaaS. The author concludes that the subject matter of the agreements under consideration that are classified as agreements is determined by way of listing actions that can be defined as fee-based services. Therefore, the reviewed acts contain terms of a fee-based service agreement but are complicated with a set of conditions and limitations referred to license agreements and a consent for the use of personal data, which makes it possible to refer such agreements to mixed ones.