Data as Counter-performance - Contract Law 2.0 ?


Book Description

This 5th volume in the "Munster Colloquia on EU Law and the Digital Economy" focuses on one of the most important challenges faced by private law in this era of digitalization: the effects of "data as counter-performance" on contract law; a phenomenon acknowledged by the EU legislator in the new "Digital Content Directive" 2019/770. In this volume, legal experts from across Europe examine various issues, in particular contract performance and restitution, and the relationship between contract law and data protection, central to the question: Contract law 2.0?




Contracting and Contract Law in the Age of Artificial Intelligence


Book Description

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.




Privacy and Data Protection in Software Services


Book Description

The aim of the book is to create a bridge between two ‘lands’ that are usually kept separate: technical tools and legal rules should be bound together for moulding a special ‘toolbox’ to solve present and future issues. The volume is intended to contribute to this ‘toolbox’ in the area of software services, while addressing how to make legal studies work closely with engineers’ and computer scientists’ fields of expertise, who are increasingly involved in tangled choices on daily programming and software development. In this respect, law has not lost its importance and its own categories in the digital world, but as well as any social science needs to experience a new realistic approach amid technological development and individuals’ fundamental rights and freedoms.




Smart Urban Mobility


Book Description

This book adds a critical perspective to the legal dialogue on the regulation of ‘smart urban mobility’. Mobility is one of the most visible sub-domains of the ‘smart city’, which has become shorthand for technological advances that influence how cities are structured, public services are fashioned, and citizens coexist. In the urban context, mobility has come under pressure due to a variety of different forces, such as the implementation of new business models (e.g. car and bicycle sharing), the proliferation of alternative methods of transportation (e.g. electric scooters), the emergence of new market players and stakeholders (e.g. internet and information technology companies), and advancements in computer science (in particular due to artificial intelligence). At the same time, demographic changes and the climate crisis increase innovation pressure. In this context law is a seminal factor that both shapes and is shaped by socio-economic and technological change. This book puts a spotlight on recent developments in smart urban mobility from a legal, regulatory, and policy perspective. It considers the implications for the public sector, businesses, and citizens in relation to various areas of public and private law in the European Union, including competition law, intellectual property law, contract law, data protection law, environmental law, public procurement law, and legal philosophy. Chapter 'Location Data as Contractual Counter-Performance: A Consumer Perspective on Recent EU Legislation' of this book is available open access under a CC BY 4.0 license at link.springer.com.







Designing Data Spaces


Book Description

This open access book provides a comprehensive view on data ecosystems and platform economics from methodical and technological foundations up to reports from practical implementations and applications in various industries. To this end, the book is structured in four parts: Part I “Foundations and Contexts” provides a general overview about building, running, and governing data spaces and an introduction to the IDS and GAIA-X projects. Part II “Data Space Technologies” subsequently details various implementation aspects of IDS and GAIA-X, including eg data usage control, the usage of blockchain technologies, or semantic data integration and interoperability. Next, Part III describes various “Use Cases and Data Ecosystems” from various application areas such as agriculture, healthcare, industry, energy, and mobility. Part IV eventually offers an overview of several “Solutions and Applications”, eg including products and experiences from companies like Google, SAP, Huawei, T-Systems, Innopay and many more. Overall, the book provides professionals in industry with an encompassing overview of the technological and economic aspects of data spaces, based on the International Data Spaces and Gaia-X initiatives. It presents implementations and business cases and gives an outlook to future developments. In doing so, it aims at proliferating the vision of a social data market economy based on data spaces which embrace trust and data sovereignty.




Chinese Contract Law


Book Description

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.




Digital Technologies and the Law of Obligations


Book Description

Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies – including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence – as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.




The Transformation of Consumer Law and Policy in Europe


Book Description

This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations. With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.




Research Handbook in Data Science and Law


Book Description

This thoroughly updated Research Handbook examines the recent exponential growth of data use in society and its implications for legal research and practice. It explores contemporary research in the field of data science, as well as the operationalization of data for use in healthcare, urban governance and smart household devices, among others.