The winner of the 2020 British Insurance Law Association Book Prize, this timely, expertly written book looks at the legal impact that the use of 'Big Data' will have on the provision - and substantive law - of insurance. Insurance companies are set to become some of the biggest consumers of big data which will enable them to profile prospective individual insureds at an increasingly granular level. More particularly, the book explores how: (i) insurers gain access to information relevant to assessing risk and/or the pricing of premiums; (ii) the impact which that increased information will have on substantive insurance law (and in particular duties of good faith disclosure and fair presentation of risk); and (iii) the impact that insurers' new knowledge may have on individual and group access to insurance. This raises several consequential legal questions: (i) To what extent is the use of big data analytics to profile risk compatible (at least in the EU) with the General Data Protection Regulation? (ii) Does insurers' ability to parse vast quantities of individual data about insureds invert the information asymmetry that has historically existed between insured and insurer such as to breathe life into insurers' duty of good faith disclosure? And (iii) by what means might legal challenges be brought against insurers both in relation to the use of big data and the consequences it may have on access to cover? Written by a leading expert in the field, this book will both stimulate further debate and operate as a reference text for academics and practitioners who are faced with emerging legal problems arising from the increasing opportunities that big data offers to the insurance industry.

This fifth volume from the Munster 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.

Digital preservation has become culturally, as well as economically, indispensable. The preserving of business processes is an emerging challenge for each company, regardless of industry sector and size. This book focuses on the legal aspects of digital preservation and offers legal guidance in that area.This important book illustrates the implications of preservation actions on intellectual property rights and data protection. These can include: potential violation of data protection laws through the storage of personal data, and potential infringement of a copyright-holder's exclusive right to reproduce and store their copyright protected data. The book considers the scope of protection under both IP rights and data protection, and offers strategies on avoiding potential infringement. Further IT contracting issues and selected existing legal obligations to preserve data are described with a particular emphasis on digital preservation. The clear exposition of the legal framework, and the detailed analysis of Legal Aspects of Digital Preservation will be of great utility to practitioner advising companies who are digitally preserving business processes, as well as those companies themselves, developers of preservation systems, and researchers in the field of digital archiving. Contents: Foreword 1. Introduction 2. Legal Aspects of Digital Preservation 3. Copyrights 4. Data Protection 5. Legal Obligations to Preserve Data 6. IT Contracting Bibliography Index

The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.