Businesses all over the world consider standards essential enablers of technological development. Standards are sets of processes that allow to build products in the most efficient and, hopefully, safe way. From a decision-making point of view, standards represent the consensus of a precise group of stakeholders on what it takes for a product to be considered ‘state of the art’. These considerations also apply to the Internet of Things (IoT), a technology based on sensors incorporated in objects connected to cloud spaces. If standards do not work as they should private law issues will arise. Imagine that a manufacturer of a IoT object applies a standard that is considered state of the art from the major stake-holders in its field. Imagine damage happens because of the application of this standard and, as a consequence, people are severely injured. Think further and make the hypothesis that through a legal action it is ascertained that the standard caused the object to malfunction. Who is to be considered liable? The aim of this blogpost is to investigate the slow evolution of the IoT standards liability debate within Member States (MS) by considering also the Data Act, one of the most recent EU proposed regulations applicable to the IoT.
Francesca Gennari (2022). Liability for IoT Standards in the EU. ‘And yet it moves’?, Online JUNE 17, 2022, 1-4.
Liability for IoT Standards in the EU. ‘And yet it moves’?
Francesca Gennari
Primo
2022
Abstract
Businesses all over the world consider standards essential enablers of technological development. Standards are sets of processes that allow to build products in the most efficient and, hopefully, safe way. From a decision-making point of view, standards represent the consensus of a precise group of stakeholders on what it takes for a product to be considered ‘state of the art’. These considerations also apply to the Internet of Things (IoT), a technology based on sensors incorporated in objects connected to cloud spaces. If standards do not work as they should private law issues will arise. Imagine that a manufacturer of a IoT object applies a standard that is considered state of the art from the major stake-holders in its field. Imagine damage happens because of the application of this standard and, as a consequence, people are severely injured. Think further and make the hypothesis that through a legal action it is ascertained that the standard caused the object to malfunction. Who is to be considered liable? The aim of this blogpost is to investigate the slow evolution of the IoT standards liability debate within Member States (MS) by considering also the Data Act, one of the most recent EU proposed regulations applicable to the IoT.File | Dimensione | Formato | |
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