Die Haftung des Verkäufers für fehlende Datenschutzkonformität von „Waren mit digitalen Elementen"

Abstract

The extensive processing of user-generated data is a central feature of goods with digital elements. Accordingly, the regulation of such products under data protection law plays an enormous role, which at the same time is associated with a broad gateway for data protection violations. Based on these framework conditions, the thesis takes a look at the law on the sale of consumer goods. First, the extent to which the seller is liable for goods with digital elements in general is discussed under both the old and the new law. In connection with the liability limits that have been worked out, a mediating solution for the treatment of data protection infringements in sales law is then presented.