Volume 2020 : 3
The Internet of Things (IoT) at the intersection of data protection and trade secrets. Non-conventional paths to counter data appropriation and empower consumers
Data ownership and data access in the Internet of Things (IoT)
Contractual liability for defective Internet of Things (IoT) products – What can the UK learn from the EU approach?
The Internet of Things (IoT) and the meaning of “personal data”: a case study in regulation for rights
Limits of fairness and transparency in Internet of Things (IoT) contracts concluded with consumers
Regulating security for the consumer Internet of Things (IoT)
The disappearing computer: consent and disclosure in the world of smart objects
Can “things” be Defective Products? The applicability of the Product Liability Directive to the Internet of Things (IoT)
Do Smart Things Make Us Dumb? Reflections on the Addiction Crisis of Cyborg Consumerism
The Internet of Things (IoT) at the intersection of data protection and trade secrets. Non-conventional paths to counter data appropriation and empower consumers
Data ownership and data access in the Internet of Things (IoT)
Contractual liability for defective Internet of Things (IoT) products – What can the UK learn from the EU approach?
The Internet of Things (IoT) and the meaning of “personal data”: a case study in regulation for rights
Limits of fairness and transparency in Internet of Things (IoT) contracts concluded with consumers
Regulating security for the consumer Internet of Things (IoT)
The disappearing computer: consent and disclosure in the world of smart objects
Can “things” be Defective Products? The applicability of the Product Liability Directive to the Internet of Things (IoT)
Do Smart Things Make Us Dumb? Reflections on the Addiction Crisis of Cyborg Consumerism
Année
2020
Volume
2020
Numéro
3
Page
569
Langue
Anglais
Juridiction
Référence
E. MIK, “The disappearing computer: consent and disclosure in the world of smart objects”, REDC 2020, nr. 3, 569-587
Résumé
The Internet-of-Things changes the manner humans encounter and interact with computers. The latter, taking the form of so-called smart objects, “disappear” into the environment. They are everywhere but they are not immediately noticeable. Smart objects are often equipped with transacting capabilities, enabling the provision of goods and services by means of or through them. Consequently, many interactions with smart objects can be regarded as transactions, which are subject to laws and regulations in the areas of consumer and privacy protection. Such laws and regulations implicitly assume, however, that the parties interact face-to-face, use written communications or, more recently, communicate “through” the graphical user interfaces of websites. What happens if consent and disclosure requirements, both of which are tenets of consumer and privacy protection, must be fulfilled in a world devoid of direct human contact and traditional computer interfaces? The changed manner we transact through (or with?) computers tests the ability of existing legal principles to adapt to new commercial practices. To date, legal scholarship has addressed the challenges surrounding the purchase of smart objects. It has, however, barely recognized the problems accompanying transactions made through smart objects. In the former instance the object is the subject matter of the transaction, in the latter – it constitutes the transacting interface. Legal scholarship must acknowledge yet another challenge inherent in computer-mediated transactions: the interface. Smart objects may not be equipped with screens, keyboards and mice. If, however, there is no screen, how does one provide the legally prescribed information? If there is no traditional input device – how does one obtain consent?
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