Research Handbook in Data Science and Law
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Research Handbook in Data Science and Law

Edited by Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee

The use of data in society has seen an exponential growth in recent years. Data science, the field of research concerned with understanding and analyzing data, aims to find ways to operationalize data so that it can be beneficially used in society, for example in health applications, urban governance or smart household devices. The legal questions that accompany the rise of new, data-driven technologies however are underexplored. This book is the first volume that seeks to map the legal implications of the emergence of data science. It discusses the possibilities and limitations imposed by the current legal framework, considers whether regulation is needed to respond to problems raised by data science, and which ethical problems occur in relation to the use of data. It also considers the emergence of Data Science and Law as a new legal discipline.
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Chapter 5: Consumer contracts and the Internet of Things

Katarzyna Kryla-Cudna

Abstract

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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