New Technology, Big Data and the Law

This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting

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Marcelo Corrales Mark Fenwick Nikolaus Forgó Editors

New Technology, Big Data and the Law

Perspectives in Law, Business and Innovation Series editor Toshiyuki Kono, Kyushu University, Fukuoka, Japan Editorial Board Erik P.M. Vermeulen, Professor of Business & Financial Law, Tilburg University & Philips Lighting, Eindhoven, The Netherlands Claire Hill, James L. Krusemark Chair in Law, University of Minnesota Law School, Minneapolis, USA Wulf Kaal, Associate Professor & Director of the Private Investment Institute, University of St. Thomas, Minneapolis, USA Ylber A. Dauti, Founding Partner, The Dauti Law Firm, PC, New York, USA Pedro de Miguel Asensio, Professor, Complutense University of Madrid, Spain, Nikolaus Forgó, Professor, Leibniz Universität Hannover, Germany, Shinto Teramoto, Professor, Kyushu University, Fukuoka, Japan

Over the last three decades, interconnected processes of globalization and rapid technological change—particularly, the emergence of networked technologies— have profoundly disrupted traditional models of business organization. This economic transformation has created multiple new opportunities for the emergence of alternate business forms, and disruptive innovation has become one of the major driving forces in the contemporary economy. Moreover, in the context of globalization, the innovation space increasingly takes on a global character. The main stakeholders—innovators, entrepreneurs and investors—now have an unprecedented degree of mobility in pursuing economic opportunities wherever they arise. As such, frictionless movement of goods, workers, services, and capital is becoming the “new normal”. This new economic and social reality has created multiple regulatory challenges for policymakers as they struggle to come to terms with the rapid pace of these social and economic changes. Moreover, these challenges impact across multiple fields of both public and private law. Nevertheless, existing approaches within legal science often struggle to deal with innovation and its effects. Paralleling this shift in the economy, we can, therefore, see a similar process of disruption occurring within contemporary academia, as traditional approaches and disciplinary boundaries—both within and between disciplines—are being re-configured. Conventional notions of legal science are becoming increasingly obsolete or, at least, there is a need to develop alternative perspectives on the various regulatory challenges that are currently being created by the new innovation-driven global economy. The aim of this series is to provide a forum for the publication of cutting-edge research in the fields of innovation and the law from a Japanese and Asian perspective. The series will cut across the traditional sub-disciplines of legal studies but will be tied together by a focus on contemporary developments in an innovation-driven economy and will deepen our understanding of the various regulatory responses to these economic and social changes.

More information about this series at http://www.springer.com/series/1544