Data as a Tradeable Commodity – Implications for Contract Law

Zech, Herbert

Data as a Tradeable Commodity – Implications for Contract Law

Josef Drexl (ed.), Proceedings of the 18th EIPIN Congress: The New Data Economy between Data Ownership, Privacy and Safeguarding Competition, Edward Elgar Publishing, Forthcoming

15 Pages Posted: 2 Nov 2017

See all articles by Herbert Zech

Herbert Zech

Weizenbaum Institute Berlin; Humboldt University of Berlin - Faculty of Law

Date Written: September 2017

Abstract

Data are increasingly seen as a commodity. This is due to the development of data technology (big data, cyber-physical systems) which changes (and created in the first place) the data economy. The technological and economic development challenges the law which is expected to provide a sound legal framework for the changing data economy. This chapter focuses on contract law, especially on the distinction between service paradigm and commodity paradigm in data related contracts.

Keywords: data, property, contracts

JEL Classification: K11, K12

Suggested Citation: Suggested Citation

Zech, Herbert, Data as a Tradeable Commodity – Implications for Contract Law (September 2017). Josef Drexl (ed.), Proceedings of the 18th EIPIN Congress: The New Data Economy between Data Ownership, Privacy and Safeguarding Competition, Edward Elgar Publishing, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3063153