Daten mit Personenbezug als insolvenzrechtlicher Vermögenswert

The challenges posed by data to the legal system are particularly evident in the case of insolvencies of companies with data-driven business models. Creditors have a reasonable interest in accessing the value of the data. However, there is no legal allocation of data under German law leaving it unclear whether personal data is part of the insolvency estate. In any case, there are opposing views on how an insolvency administrator can deal with personal data and whether it can be sold as an asset. In this respect, insolvency law and data protection law come into conflict. This book offers a guideline on how to overcome the intricacies resulting from the interaction between insolvency law, “data law” and data protection law.