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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 2-8

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Bibtex

@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"
}

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RIS

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  - 
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Wordbib

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<b:Comments>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.</b:Comments>
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ISI

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.
ER

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Mods

<mods>
  <titleInfo>
    <title>Data as Counter-Performance: What Rights and Duties do Parties Have?</title>
  </titleInfo>
  <name type="personal">
    <namePart type="family">Metzger</namePart>
    <namePart type="given">Axel</namePart>
  </name>
  <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.</abstract>
  <subject>
    <topic>Digital content</topic>
    <topic>consumer</topic>
    <topic>contract law</topic>
    <topic>contracts</topic>
    <topic>directive</topic>
    <topic>personal data as counter performance</topic>
  </subject>
  <classification authority="ddc">340</classification>
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    <genre authority="marcgt">periodical</genre>
    <genre>academic journal</genre>
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        <start>2</start>
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  <identifier type="issn">2190-3387</identifier>
  <identifier type="urn">urn:nbn:de:0009-29-45286</identifier>
  <identifier type="uri">http://nbn-resolving.de/urn:nbn:de:0009-29-45286</identifier>
  <identifier type="citekey">metzger2017</identifier>
</mods>
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Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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