Research Handbook in Data Science and Law

Hardback

Research Handbook in Data Science and Law

Second Edition

2nd edition

9781035316441 Edward Elgar Publishing
Edited by Vanessa Mak, Leiden University, Eric Tjong Tjin Tai, Tilburg University and Anna Berlee, Law Faculty, Open Universiteit, the Netherlands
Publication Date: 2024 ISBN: 978 1 03531 644 1 Extent: 426 pp
This thoroughly updated Research Handbook examines the recent exponential growth of data use in society and its implications for legal research and practice. It explores contemporary research in the field of data science, as well as the operationalization of data for use in healthcare, urban governance and smart household devices, among others.

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Contents
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This thoroughly updated Research Handbook examines the recent exponential growth of data use in society and its implications for legal research and practice. It explores contemporary research in the field of data science, as well as the operationalization of data for use in healthcare, urban governance and smart household devices, among others.

Considering the emergence of data science and law as a new legal discipline, the editors analyse pressing legal questions accompanying the rise of data-driven technologies. Drawing on comparative perspectives, this revised edition examines the possibilities and limitations of the current legal framework, investigating whether new regulation is needed to respond to problems raised by data science, and detailing the potential ethical issues arising from the use of data. It also evaluates the evolution of the regulation of artificial intelligence, generative AI and large language models, and EU legislation concerning consumer contract law and data protection.

The Research Handbook in Data Science and Law is an essential resource for students of information and media law, internet and technology law, and research methods in law, as well as legal scholars and practitioners in the field. Data scientists seeking to further understand the law surrounding the field will also find this Research Handbook invaluable.
Critical Acclaim
‘It is a major undertaking to keep up with the rapid development of data technology and examine how the law ought to address the challenges of our brave new world. European law is at the forefront of data regulations, and how appropriate that a distinguished group of European law scholars have produced this timely volume.’
– Omri Ben-Shahar, University of Chicago, US

‘In our digital world, should we rethink traditional legal concepts, review the adequacy of protective consumer regulation, and ensure that AI is fair? Should law’s governance, legal practice and research itself make use of data science? This Research Handbook offers the perfect opportunity to explore these important questions.’
– Roger Brownsword, King’s College London and Bournemouth University, UK
Contents
Contents

1 Introduction to the research handbook in data science and law
(second edition) 1
Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee

PART I REGULATING DATA SCIENCE
2 Consumer contract law and data-driven technologies 17
Vanessa Mak
3 Contract law and smart devices 40
Katarzyna Kryla-Cudna
4 Digital content and consumer law 59
Daniëlle Op Heij
5 Liability for data breaches and losses 77
Vincenzo Zeno-Zencovich
6 Liability for artificial intelligence 92
Eric Tjong Tjin Tai
7 Liability for artificial intelligence in EU Law 117
Tycho de Graaf
8 Pledge and attachment of data in dutch and belgian law 137
Koen Swinnen
9 Data and intellectual property law 156
Michael Mattioli
10 Legal tech and blockchain for corporate governance and shareholders 176
Anne Lafarre and Christoph van der Elst
11 Data and competition law 194
Rupprecht Podszun and Stephan Kreifels
12 Data science and criminal law 227
Litska Strikwerda, Jeroen Mensink and Robert Timmers
13 Data-driven regulation and governance in smart cities 251
Sofia Ranchordás and Abram Klop
14 Data science and taxation 277
Ronald Russo

PART II DEVELOPING A NEW DISCIPLINE
15 Methods of data research for law 297
Bart Custers
16 Granular legal norms: towards data-driven personalization of
private law? 317
Christoph Busch and Alberto De Franceschi
17 Data science, data crime and the law 333
Maria Grazia Porcedda and David S Wall
18 Artificial intelligence and the judiciary system 361
Bart Jan van Ettekoven and Corien Prins
19 Conclusions on data science and law 388
Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee
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