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4 - Commercial Law’s Consent Problem

from Part II - Commercial Law’s Impact on Privacy, Security, and Liability

Published online by Cambridge University Press:  17 August 2021

Stacy-Ann Elvy
Affiliation:
University of California, Davis
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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.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Commercial Law’s Consent Problem
  • Stacy-Ann Elvy, University of California, Davis
  • Book: A Commercial Law of Privacy and Security for the Internet of Things
  • Online publication: 17 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108699235.005
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  • Commercial Law’s Consent Problem
  • Stacy-Ann Elvy, University of California, Davis
  • Book: A Commercial Law of Privacy and Security for the Internet of Things
  • Online publication: 17 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108699235.005
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Commercial Law’s Consent Problem
  • Stacy-Ann Elvy, University of California, Davis
  • Book: A Commercial Law of Privacy and Security for the Internet of Things
  • Online publication: 17 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781108699235.005
Available formats
×