CISG and Data Trading
Ingeborg Schwenzer, Ulrich G. Schroeter · Oxford University Press eBooks · 2022
Abstract This chapter involves cross-border data trading. While formation of contracts by electronic means of communication (e-commerce) is a common occurrence under the CISG, questions regarding contract classification, validity of contracts for data, the latter’s classification as goods and materialization respectively as well as discussion in property law have intensified. This includes the question of whether there even can be title in data at all. The chapter thus closely examines the relationship between the CISG and data trading across the CISG’s provisions. It considers the CISG’s scope of application across territories and subject matter, before turning to questions relating to validity as well as delivery and passing of risk. The chapter also addresses the non-conformity of data and remedies.