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Axel Metzger, Data as Counter-Performance: What Rights and Duties do Parties Have?, 8 (2017) JIPITEC 2 para 1.
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%0 Journal Article %T Data as Counter-Performance: What Rights and Duties do Parties Have? %A Metzger, Axel %J JIPITEC %D 2017 %V 8 %N 1 %@ 2190-3387 %F metzger2017 %X Article 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law. %L 340 %K Digital content %K consumer %K contract law %K contracts %K directive %K personal data as counter performance %U http://nbn-resolving.de/urn:nbn:de:0009-29-45286 %P 2-8Download
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@Article{metzger2017, author = "Metzger, Axel", title = "Data as Counter-Performance: What Rights and Duties do Parties Have?", journal = "JIPITEC", year = "2017", volume = "8", number = "1", pages = "2--8", keywords = "Digital content; consumer; contract law; contracts; directive; personal data as counter performance", abstract = "Article 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law.", issn = "2190-3387", url = "http://nbn-resolving.de/urn:nbn:de:0009-29-45286" }Download
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TY - JOUR AU - Metzger, Axel PY - 2017 DA - 2017// TI - Data as Counter-Performance: What Rights and Duties do Parties Have? JO - JIPITEC SP - 2 EP - 8 VL - 8 IS - 1 KW - Digital content KW - consumer KW - contract law KW - contracts KW - directive KW - personal data as counter performance AB - Article 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-45286 ID - metzger2017 ER -Download
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PT Journal AU Metzger, A TI Data as Counter-Performance: What Rights and Duties do Parties Have? SO JIPITEC PY 2017 BP 2 EP 8 VL 8 IS 1 DE Digital content; consumer; contract law; contracts; directive; personal data as counter performance AB Article 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law. ERDownload
Mods
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Full Metadata
Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 8 (2017) 1 |
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Title |
Data as Counter-Performance: What Rights and Duties do Parties Have? (eng) |
Author | Axel Metzger |
Language | eng |
Abstract | Article 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law. |
Subject | Digital content, consumer, contract law, contracts, directive, personal data as counter performance |
DDC | 340 |
Rights | DPPL |
URN: | urn:nbn:de:0009-29-45286 |