Civil law regime of data generated by the use of smart devices

Abstract

The paper analyses civil law regime of data generated by the use of smart devices. The examination has been given from the viewpoint of domestic and supranational legal sources, as well as from the standpoints brought forward by the jurisprudence and doctrine on how to deal with novelties connected to the digital era. In the context of Industry 4.0 and Internet of Things, special attention has been paid to the question whether data generated by the use of smart devices should be considered objects of absolute right, or, it would be better to rely on contractual framework in order to regulate social relations with regard to such data. Subsequently, the possibility of extending legal protection of tangible data carrier over the data stored in it has been considered. In addition to that, some emerging practical issues connected to the rising trend of separation of factual and legal control of data have been presented.

Keywords

• smart devices
• data ownership
• data producer's right
• right of access to data