Edited by Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee
Chapter 5: Consumer contracts and the Internet of Things
This chapter aims to give an overview of the issues related to consumer contracts that have arisen due to the rapid emergence of the Internet of Things (IoT). It indicates the challenges for the traditional concepts and rules of private law posed by the development of ‘smart’ devices. It analyses in particular the consequences of personalisation of Internet-enabled devices, the dependency of the user on continuous provision of services by the manufacturer or a third party, the problem of conformity of a ‘smart’ device with the contract, the issues related to replenishment services as well as the relevance of traditional notions of sale and ownership in the context of the IoT. The chapter examines the question of data as counter-performance in contracts concerning ‘smart’ devices. Furthermore, it investigates the potential of the IoT to increase the risk of digital market manipulation and the corresponding regulatory responses.
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