Dangers and benefits of personalisation in Contract Law : big data approach

Dangers and benefits of personalisation in Contract ...

Bibliographic description

title:	Dangers and benefits of personalisation in Contract Law : big data approach
author:	Południak-Gierz Katarzyna
Journal title:	Queen Mary Law Journal
issue:	Special Conference Issue: Autumn 2017
date of publication:	2017
pages:	25-36
ISSN:	1470-3335
URL:	https://www.queenmarylawjournal.co.uk/uploads/9/3/0/3/93031218/final_revised_old_book_-_apr_15_vers.pdf
date accessed:	2018-10-25
language:	English
Journal language:	English
abstract in english:	Big data technologies are used by entrepreneurs to tailor offers to suit customers' situations, interests, and needs. The idea of personalisation was adopted by the civil law doctrine. Three models have been proposed; the first aims to personalise information duties, the second advocates for the application of personalisation mechanisms to set iuris dispositivi and the last focuses generally on civil law-making. The existing theories adopt an issue focused approach. Though some challenges and limitations of the models are presented, further implications of the proposals are ignored. The objective of this study is to fill this gap. The doctrine acquis is presented and the possibility of the emergence of personalised law is examined. The author also focuses on the dangers of personalisation in contract law. The application of big data in legislature can endanger some of the core values of civil law within the European Union – equity before law, legal certainty, transparency and the autonomy of the will of parties.
number of pulisher's sheets:	0,75
affiliation:	Wydział Prawa i Administracji
type:	journal article
subtype:	academic paper