Overview

This fifth volume from the Münster Colloquia on EU Law and the Digital Economy focuses on one of the most important challenges faced by private law in this era of digitalisation: 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 the book, legal experts from across Europe examine various issues, in particular contract performance and restitution and the relationship between contract law and data protection.

Full Product Details

Author:   Sebastian Lohsse (University of Münster, Germany) ,  Reiner Schulze (University of Münster, Germany) ,  Dirk Staudenmayer (University of Münster, Germany)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Nomos/Hart
Weight:   0.500kg
ISBN:  

9781509940318

ISBN 10:   1509940316
Pages:   288
Publication Date:   06 August 2020
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Data as Counter-Performance – Contract Law 2.0? An Introduction Sebastian Lohsse / Reiner Schulze / Dirk Staudenmayer Legal Nature and Economic Value of Data in the Contractual Relationship A Market Model for Personal Data: State of Play under the New Directive on Digital Content and Digital Services Axel Metzger Regulating the Economic Impact of Data as Counter-Performance: From the Illegality Doctrine to the Unfair Contract Terms Directive Philipp Hacker Management as Ownership of Data Sjef van Erp Data Extra Commercium Vaclav Janecek / Gianclaudio Malgieri Performance of Contract and Withdrawal from the Contract with respect to Data Protection – Contract Law at a Crossroads? Right to Withdraw Consent to Data Processing – The Effect on the Contract Martin Schmidt-Kessel Article 16(2) of the ‘Digital Content and Digital Services’ Directive on the Consequences of Termination of Contract, or the Difficult Articulation between Union Law on Consumer Contract and Union Law on the Protection of Personal Data Juliette Senechal Termination of the Contract for the Supply of Digital Content and Services, and Availability of Data: Rights of Retrieval, Portability and Erasure in EU Law and Practice Sergio Camara Lapuente Personal Data in Data Value Chains – Is Data Protection Law Fit for the Data Economy? Christiane Wendehorst Autonomy or Heteronomy – Proposal for a Two-Tier Interpretation of Art 6 GDPR Andreas Sattler Data as Counter-Performance in B2B Contracts Martin Fries Discussion Panel Statement Benjamin Gors Data as a Counter-Performance Anne Riechert Data as Counter-Performance & the Digital Content Directive – The End of a Debate? Rebekka Weis

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Author Information

Sebastian Lohsse is Professor of Roman Law, Comparative Legal History, Civil Law and European Private Law, Reiner Schulze is Professor of German and European Civil Law, Director of the Institute for International Business Law and Director of the Centre for European Private Law and Dirk Staudenmayer is Honorary Professor and Head of Unit - Contract Law; DG Justice and Consumers; and European Commission, all at the University of Münster.

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