Should Data Drive Private Law?

Abstract

This special issue tackles the question of whether and how data shapes private law. The development of new technologies enabled the generation, collection and processing of both personal and non-personal data on an unprecedented scale. The implications of this phenomenon for private law are threefold. One, how does data affect our understanding of technology regulation in private law relationships? Two, how does data affect the way in which private law is applied? Three, what is the role of data in the design of law from a public policy perspective that transcends doctrinal considerations relating to private law?