European contract law and the digital single market : the implications of the digital revolution /

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Bibliographic Details
Imprint:	Cambridge : Intersentia, [2016] ©2016
Description:	xiv, 266 pages ; 24 cm
Language:	English
Subject:	Information technology -- Law and legislation -- European Union countries. Contracts -- European Union countries. Electronic commerce -- European Union countries. Data protection -- Law and legislation -- European Union countries. Copyright -- European Union countries. Conflict of laws -- European Union countries. Contracts. Data protection -- Law and legislation. Digital media -- Law and legislation. Electronic commerce -- Law and legislation. Europe -- European Union countries.
Format:	Print Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/10993640

Hidden Bibliographic Details
Other authors / contributors:	De Franceschi, Alberto, editor.
ISBN:	9781780684222 1780684223
Notes:	Includes bibliographical references.
Summary:	This book offers an edited collection consisting of contributions by leading scholars, addressing the impact of digital technology on European Private Law in light of the latest legislative developments as well as the European Commission's proposals of 9 December 2015. The book analyses issues in the field of contract, data protection, copyright and private international law. Written for both scholars and practitioners, this edited collection provides clear answers to the challenges posed by the digital revolution and acts as a solid basis for further developments of EU law.

Table of Contents:

Preface
List of Authors
European Contract Law and the Digital Single Market: Current Issues and New Perspectives
1. Digital Technology and Contract Law
2. The Impact of Digital Technology on Private Law Relationships
3. Data as a Tradeable Commodity and the New Instruments for their Protection
4. Legislative Instruments for a Digital Single Market
5. New Features of Standard Contracts in the Digital Market
6. Online Platforms in the 'Sharing Economy'
7. Concluding Remarks
Part I. The Impact of Digital Technology on Private Law Relationships
Disruptive Technology - Disrupted Law? How the Digital Revolution Affects (Contract) Law
1. Introduction
2. Disruptive Technology
3. Law, Technological Development and Disruptive Effects
4. Designing Legal Rules for Disrupted Law
5. The Disruptive Effect of the Digital Revolution
6. Disrupted Law?
7. The EU and the Digital Revolution
8. A Concluding Thought
Part II. Data as a Tradeable Commodity and the New Instruments for their Protection
Data as a Tradeable Commodity
1. Data as the Object of a Contract
2. Existing Exclusive Rights for Different Kinds of Data
3. Introduction of a Data Producer Right?
4. Conclusion
Jurisdiction regarding Claims for the Infringement of Privacy Rights under the General Data Protection Regulation
1. Introductory Remarks
2. Jurisdiction and the Right to an Effective Judicial Remedy
3. Jurisdiction under the Brussels I bis Regulation
4. Jurisdiction over the Infringement of Privacy Rights Pursuant to Article 79(2) GDPR
5. The Coordination between Article 79(2) GDPR and the Brussels I bis Regulation
Part III. The Legislative Instruments for a Digital Single Market
A European Market for Digital Goods
1. Digital Goods
2. Portability
3. The Supply of Digital Content
4. Online Trade in Goods
5. Summary
Supply of Digital Content. A New Challenge for European Contract Law
1. Introduction
2. Current Change in Contract Law
3. Conformity
4. Conceptual Continuity and Innovation: Further Examples
5. Conclusion
Reflections on Remedies for Lack of Conformity in Light of the Proposals of the EU Commission on Supply of Digital Content and Online and Other Distance Sales of Goods
1. Introduction
2. Online and Distance Contracts
3. Proposal for Digital Content Directive
4. Conclusions
The Proposal of the EU Commission for a Regulation on Ensuring the Cross-Border Portability of Online Content Services in the Internal Market
1. Introduction
2. Portability - Why Do We Have to Regulate It?
3. Why and How Do We Regulate Portability?
4. Supporters and Critics of the Draft Proposal
5. The Core and Content of the Draft Proposal
6. The Function of the Regulation within the Digital Agenda
7. Possible Effects
The Law Applicable to Consumer Contracts in the Digital Single Market
1. The Substantive Law Background
2. The Law Applicable to Consumer Contracts: General Outline
3. The Key Connecting Factor: Activities 'Directed' to the Consumer Country (Article 6(l)(b) Rome I Regulation)
4. Merely Indicative Facts
5. The Need for Specific Conflicts of Law Rules for International Consumer Contracts in the Digital Single Market
Part IV. New Features of Standard Contracts in the Digital Market
Standard Terms and Transparency in Online Contracts
1. Introduction
2. Digital Content and Wrap Contracts
3. The Invisibility of Wrap Contracts
4. The Enforceability of Wrap Contracts
5. Transparency in EU Law
6. Transparency and Wrap Contracts
7. Curing Invisibility: Sufficient Notice and Specific Consent
8. Conclusions: The Unavoidable Assessment of Substantive (Un)Fairness
Contracts Concluded by Electronic Means in Cross-Border Transactions. 'Click-Wrapping' and Choice-of-Court Agreements in online B2B Contracts
1. Introduction
2. Normative Background
3. The European Court of Justice and Choice-of-Court Agreements Concluded by Electronic Means'
4. Jurisdictional Consequences of the Decision Given by the ECJ in Case C-322/14
Part V. Online Platforms in the 'sharing Economy'
Crowdsourcing Consumer Confidence. How to Regulate Online Rating and Review Systems in the Collaborative Economy
1. Introduction
2. More Reputation, Less Regulation?
3. Recent Regulatory Initiatives
4. Key Elements of a Regulatory Framework for Reputation Systems
5. Conclusion
Online Dispute Resolution Platform. Making European Contract Law More Effective
1. Introduction
2. Overview of Alternative Dispute Resolution in European Contract Law
3. Online Dispute Resolution Platform
4. Critical Analysis of the Legal Regime and its Implementation

European contract law and the digital single market : the implications of the digital revolution /

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