European Contract Law in the Digital Age
Stefan Grundmann - Intersentia, 9 feb 2018
European
Contract Law in the Digital Age offers an overview of the interactions
between digital technologies and contract law and takes into account the
two (late) 2015 EU Commission proposals on digital contracting and
digital content. The book goes beyond these proposals and is grouped
around the three pillars of an architecture of contract law in the
digital age: the regulatory framework; digital interventions over the
life-cycle of the contract; and digital objects of contracting. The
discussion of the regulatory framework looks at the platforms used for
digital contracting - such as Airbnb - which are particularly important
instruments for the formation of digital contracts. In describing the
life-cycle of the contract, this book shows how four key technologies
(digital platforms, Big Data analytics, artificial intelligence, and
blockchain) are being used at different stages of the contractual
process, from the screening for contractual partners to formation,
enforcement and interpretation. Furthermore, digitally facilitated
contracting increasingly relates to digital content - for instance
software or search engines - as the object of the contract but while
this area has notably been shaped by the proposed Directive on Contracts
for the Supply of Digital Content, this work shows that important
questions remain unanswered. This book highlights how the digital
dimension opens a new chapter in the concept of contracting, both
questioning and revisiting many of its core concepts. It is a reliable
resource on topical developments for everyone interested in digital
technologies and contract law. (Series: European Contract Law and
Theory, Vol. 3) [Subject: European Law, Contract Law, Digital Content
Law]