Kryla-Cudna, Katarzyna --- "Consumer contracts and the Internet of Things" [2018] ELECD 1439; in Mak, Vanessa; Tjong Tjin Tai, Eric; Berlee, Anna (eds), "Research Handbook in Data Science and Law" (Edward Elgar Publishing, 2018) 83

Book Title: Research Handbook in Data Science and Law

Editor(s): Mak, Vanessa; Tjong Tjin Tai, Eric; Berlee, Anna

Publisher: Edward Elgar Publishing

ISBN: 9781788111294

Section: Chapter 5

Section Title: Consumer contracts and the Internet of Things

Author(s): Kryla-Cudna, Katarzyna

Number of pages: 25

Abstract/Description:

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.