Die vertragliche Datenüberlassung und das Kaufrecht

Digital data have an economic value and are traded. There is still a lack of legislation to regulate this trade. Only contractual agreements and the de facto access possibilities determine who is entitled to which data rights. The author examines whether data can be the subject of an exchange contract and whether the sales law, which is tailored to property, is also suitable for incorporeal data as the contractual object and appropriately reflects the parties' interests. She reaches the conclusion that the sales law is sufficiently flexible to take account of the special characteristics of data and can be applied to them with some modifications.