Abstract

GESMANN-NUISSL, DGN  and  KIRCHNER, GK. Responsibility for data quality. JCMAN [online]. 2018, vol.15, n.spe, pp.245-264. ISSN 1815-7440.

Everyone is debating about "Industry 4.0", but nobody exactly knows, who is responsible for the underlying quality of the used (big) data. This article is based on the research questions, why is it necessary 'especially in the time of "Industry 4.0"' that everyone strengthen their focus to data quality and related questions. The aim of the authors' is to answer first this new question with existing legal regulations. Regarding contractual liability they will elucidate, that the United Nations Convention on Contracts for the International Sale of Goods (CISG) is already applicable to the selling of data, irrespective of whether this data is embodied or unembodied. However, the question about the definition of "quality of data" still exists in the field of warranty. Furthermore, the authors will point out that in the field of legal product liability are similar issues to be discussed. In particular with focus on the Directive 85/374/EEC in the European Union (EU) they will exemplify how the community can evaluate if there is a data fault or not. A similar situation exists in the United States of America, so in the end the authors will focus on the Uniform Products Liability Act as basis for several state law codifications concerning product liability. However, finally in the opinion of the authors case law can only be a solution at first level regarding the responsibility of data quality; at the end only "technical standards" by private regulators can reliably and in an innovation-promoting manner close the nowadays existing gap.

Keywords : Batch sizes of one; big data; cyber-physical systems; CISG, data faults; data as goods; data quality; Industry 4.0; liability; quality of data; unembodied data and warranty.

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