Gennari, Francesca
(2023)
Internet of things: legal liability of IoE devices in the home, [Dissertation thesis], Alma Mater Studiorum Università di Bologna.
Dottorato di ricerca in
Law, science and technology, 35 Ciclo. DOI 10.48676/unibo/amsdottorato/10645.
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Abstract
This thesis is about the smart home, a connected ambience that will help consumers to live a more environmentally sustainable life and will help vulnerable categories of consumers to live a more autonomous life, thanks to the pervasive use of the Internet of Things (IoT) technology. In particular, civil liability for the malfunctioning of the smart home is the filter through which the research is carried out. I analyse whether the actual legal liability rules are ready or not to adapt to this new connected environment, such as the IoT-powered smart home. Through careful mapping of the technical and legal state of the art, the thesis argues that the EU rules on product liability contained in the Product Liability Directive (PLD) will apply consistently to these objects. This holds true even if at the time of the drafting of the thesis, the proposal on the update of the PLD had not been published yet. Through the analysis of past PLD cases, new American products liability case-law on domestic IoT objects and the latest legal scholarship’s contributions and policy inputs it was possible to anticipate some of the contents of the newly published EU PLD Update proposal.
Abstract
This thesis is about the smart home, a connected ambience that will help consumers to live a more environmentally sustainable life and will help vulnerable categories of consumers to live a more autonomous life, thanks to the pervasive use of the Internet of Things (IoT) technology. In particular, civil liability for the malfunctioning of the smart home is the filter through which the research is carried out. I analyse whether the actual legal liability rules are ready or not to adapt to this new connected environment, such as the IoT-powered smart home. Through careful mapping of the technical and legal state of the art, the thesis argues that the EU rules on product liability contained in the Product Liability Directive (PLD) will apply consistently to these objects. This holds true even if at the time of the drafting of the thesis, the proposal on the update of the PLD had not been published yet. Through the analysis of past PLD cases, new American products liability case-law on domestic IoT objects and the latest legal scholarship’s contributions and policy inputs it was possible to anticipate some of the contents of the newly published EU PLD Update proposal.
Tipologia del documento
Tesi di dottorato
Autore
Gennari, Francesca
Supervisore
Co-supervisore
Dottorato di ricerca
Ciclo
35
Coordinatore
Settore disciplinare
Settore concorsuale
Parole chiave
IoT, product liability, smart-home,
URN:NBN
DOI
10.48676/unibo/amsdottorato/10645
Data di discussione
28 Marzo 2023
URI
Altri metadati
Tipologia del documento
Tesi di dottorato
Autore
Gennari, Francesca
Supervisore
Co-supervisore
Dottorato di ricerca
Ciclo
35
Coordinatore
Settore disciplinare
Settore concorsuale
Parole chiave
IoT, product liability, smart-home,
URN:NBN
DOI
10.48676/unibo/amsdottorato/10645
Data di discussione
28 Marzo 2023
URI
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