The Power Paradigm in Private Law

Towards a Holistic Regulation of Personal Data

2018
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Author: Heiko Richter
Published in: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Publisher: Springer Berlin Heidelberg

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Abstract

Currently there is no holistic concept linking the various areas of private law that are concerned with the regulation of personal data. However, there is a strong need for one. This study elaborates on such an approach by focusing on the private power paradigm. Private power is of utmost relevance for personal data and pervades various areas of private law. This study applies recent findings of research conducted by private law scholars, who have conceptualized private power in private law, to the regulation of personal data in private law, namely in the areas of the law of contract, consumer protection, competition, (intellectual) property, data protection and anti-discrimination. It draws descriptive as well as normative conclusions which can help to better understand the regulatory implications and serve as a methodology for identifying and shaping coherent and prudent regulation of personal data in the future.

Notes

Heiko Richter is Junior Research Fellow and Doctoral Student at the Max Planck Institute for Innovation and Competition.

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Metadata
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Title: The Power Paradigm in Private Law
Author: Heiko Richter
Publisher: Springer Berlin Heidelberg
Book: Personal Data in Competition, Consumer Protection and Intellectual Property Law
Print ISBN: 978-3-662-57645-8

Electronic ISBN: 978-3-662-57646-5

Copyright Year: 2018
DOI: https://doi.org/10.1007/978-3-662-57646-5_19

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