Data are increasingly seen as a commodity. This is due to the development of data technology (big data, cyber-physical systems) which changes (and created in the first place) the data economy. The technological and economic development challenges the law which is expected to provide a sound legal framework for the changing data economy. This chapter focuses on contract law, especially on the distinction between service paradigm and commodity paradigm in data related contracts.
Zech, Herbert, Data as a Tradeable Commodity – Implications for Contract Law (September 2017). Josef Drexl (ed), Proceedings of the 18th EIPIN Congress: The New Data Economy between Data Ownership, Privacy and Safeguarding Competition, Edward Elgar Publishing, forthcoming.