This fifth volume from the Münster Colloquia on EU Law and the Digital Economy focuses on one of the most important challenges faced by private law in this era of digitalisation: the effects of 'data as counter-performance' on contract law; a phenomenon acknowledged by the EU legislator in the new Digital Content Directive 2019/770. In the book, legal experts from across Europe examine various issues, in particular contract performance and restitution and the relationship between contract law and data protection.

Data as Counter-Performance - Contract Law 2.0? An Introduction
Sebastian Lohsse / Reiner Schulze / Dirk Staudenmayer

Legal Nature and Economic Value of Data in the Contractual Relationship

A Market Model for Personal Data: State of Play under the New Directive on Digital Content and Digital Services
Axel Metzger
Regulating the Economic Impact of Data as Counter-Performance: From the Illegality Doctrine to the Unfair Contract Terms Directive
Philipp Hacker
Management as Ownership of Data
Sjef van Erp
Data Extra Commercium
Vaclav Janecek / Gianclaudio Malgieri

Performance of Contract and Withdrawal from the Contract with respect to Data Protection - Contract Law at a Crossroads?

Right to Withdraw Consent to Data Processing - The Effect on the Contract
Martin Schmidt-Kessel
Article 16(2) of the 'Digital Content and Digital Services' Directive on the Consequences of Termination of Contract, or the Difficult Articulation between Union Law on Consumer Contract and Union Law on the Protection of Personal Data
Juliette Senechal
Termination of the Contract for the Supply of Digital Content and Services, and Availability of Data: Rights of Retrieval, Portability and Erasure in EU Law and Practice
Sergio Camara Lapuente
Personal Data in Data Value Chains - Is Data Protection Law Fit for the Data Economy?
Christiane Wendehorst
Autonomy or Heteronomy - Proposal for a Two-Tier Interpretation of Art 6 GDPR
Andreas Sattler
Data as Counter-Performance in B2B Contracts
Martin Fries

Discussion Panel

Statement
Benjamin Gors
Data as a Counter-Performance
Anne Riechert
Data as Counter-Performance & the Digital Content Directive - The End of a Debate?
Rebekka Weis

Sebastian Lohsse is Professor of Roman Law, Comparative Legal History, Civil Law and European Private Law, Reiner Schulze is Professor of German and European Civil Law, Director of the Institute for International Business Law and Director of the Centre for European Private Law and Dirk Staudenmayer is Honorary Professor and Head of Unit - Contract Law; DG Justice and Consumers; and European Commission, all at the University of Münster.