Year: 2021
Type: book-chapter
Abstract: Data access rules: The role of contractual unfairness control of (consumer) contracts Michael Grünberger * (Responsive) Contract law shall be Queen Legal paradigms express the 'implicit images of one's own society, giving a certain perspective to the practice of both legislation and the law's application'.1 Paradigms shape the construction and the interpretation of legal rules and principles as 'a response to the challenges of a social situation perceived in a certain way'. 2 This applies in particular to the current debates within data and information law.Twenty years ago the movement from ownership to access was heralded.3 The shift in business models from the single (digital) transfer to continuous accessibility as well as the rise of the 'sharing economy' are two trends that have shaped the (digital) economy and they both appear to vindicate the prominence of the access paradigm.Furthermore, the most recent developments regarding machinegenerated data seem to support the prevalence of the access paradigm: The discussion started off with the proposal of an exclusive 'data producer's right' (Datenerzeugerrecht) 4 and, eventually, led to the advocacy of a 'data ownership right' (Dateneigentumsrecht).5 However, it quickly took a very A. * I would like to thank my doctoral student Katharina Wunner for her valuable input and my student assistants Jana Ebersberger and Daniel Neubauer for their support in adjusting the paper to the formal prerequisites. 1 Jürgen Habermas, Faktizität und Geltung (4 th
Author: Michael Grünberger
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W3142829600