The paper provides an analysis of how the Directive (EU) 2019/770 on Digital Content and Digital Services deals with contracts based on the consumer's personal data as counter-performance. It explores the interplay of the Directive and national contract law and discusses the economic...

The paper explores whether a party under a contract is obliged to grant the other party access to data it has collected in the course of the contract. The paper is based on an analysis of European and German law and provides the basic insights from law and economics of contract law. Whether a...

The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...

The paper offers a first systematic analysis of the 76 decisions and opinions of the European Patent Office (EPO) Enlarged Board of Appeal and Board of Appeals making explicit reference to the interpretation criteria of the Vienna Convention of the Law of Treaties (VCLT). It explores whether the...

Data is at the heart of the ongoing digital transformation of the economy and society. In many different ways, access to data is becoming a precondition for innovating and for competing effectively. Against this background, both the European and the German legislator are striving to develop a...

In the ongoing transformation from “industrial capitalism” towards an “informational capitalism”, one of the core challenges is for the law to design and enforce an appropriate legal framework for the access and use of data. Focusing on access to product and online services usage data,...

With the publication of the “Proposal for a Regulation on harmonised rules on fair access to and use of data (Data Act)” in February 2022, the European Commission has delivered the centrepiece of its “European strategy for data”. The Draft Data Act proposes a horizontal right of access...