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1 results

  • 4 - Commercial Law’s Consent Problem

  • from Part II - Commercial Law’s Impact on Privacy, Security, and Liability
  • Stacy-Ann Elvy, University of California, Davis
  • Book:
    A Commercial Law of Privacy and Security for the Internet of Things
    Published online:
    17 August 2021
    Print publication:
    29 July 2021, pp 119-159

  • Summary

    Unlike privacy law discourse, which has primarily explored questions related to others’ knowledge, access, and use of information about us, commercial law’s central focus has been on issues related to trade involving persons, merchants, and entities. In the commercial law context, questions about knowledge and information are primarily connected to the exchange and disclosure of information needed to facilitate transactions between parties.1 This distinct historical focus has likely contributed to commercial law’s failure to adequately account for and address privacy, security, and digital domination harms. In some cases, commercial law also defers to corporate commercial practices as well.