Proactive Legal Design for Health Data Sharing Based on Smart Contracts

© 2021 Hart Publishing, Bloomsbury Publishing.fi=vertaisarvioitu|en=peerReviewed

Contracts as Interfaces

The world of contracts is undergoing fundamental changes. This is partly due to technology: there can be tremendous benefits from self-enforcing, machine-readable contracts. But these technologies are not used everywhere. Many contracts continue to be performed by people. In the context of commercial deals and relationships,1 a vast number of contracts still need to be planned, understood, approved, implemented, and monitored by people.2 Initiatives across the world seek to innovate contracting processes and documents and develop more effective, engaging ways for people to work with them. This chapter focuses on these initiatives and the need to make contracts truly human-readable.© Cambridge University Press 2021. This material has been published in Legal Informatics edited by Katz, D. M., Dolin, R. & Bommarito, M. J. (Editors), https://doi.org/10.1017/9781316529683. This version is free to view and download for private research and study only. Not for re-distribution or re-use.fi=vertaisarvioitu|en=peerReviewed

Innovating Contract Practices: Merging Contract Design with Information Design

The work and expertise of contracts professionals are vital to the operations of modern organizations and the global economy. Strategic planning as well as everyday transactions can be conceived, developed, secured, and implemented through contractual relationships. This accelerating importance and functionality of contracts is not matched, however, by their traditional format or drafting process. Indeed, their mission-critical value is not fully appreciated by decision makers. Many opportunities offered by contracts remain unexplored if contracts are seen merely as legal tools needed only in case a dispute arises. A fresh approach to contracts and contracting is called for. Drawing on the Authors’ research into user-centered contract design, contract visualization, and proactive contracting, this paper explores how contract practices can be innovated. The early results of our work in progress indicate that information design, embedded into contract design, has the potential to change fundamentally the way organizations define, shape and manage their trading relationships, offering unexplored opportunities for both research and practice

Visualization: Seeing Contracts for What They Are, and What They Could Become

Commercial contract users read their contract documents infrequently, and understand them inadequately. The disincentives may be several: contract language may be too technical and too long; contracts may be organized around ensuring or avoiding legal liability rather than providing guidance toward performing contractual responsibilities; or contracts may rarely include frameworks that would prompt the parties to explore new opportunities. For whatever reason, the neglect by users of contractual documents can lead not only to unpleasant surprises in the performance or enforcement of particular contractual duties, but also to chronic underuse of contracts as potential instruments for planning, innovation, commercial relationship-building and optimal business results. Visualization techniques-i.e., adding graphic images to supplement written words-could invigorate the effectiveness of contract documents and processes. Greater understanding and use of contract materials could reduce transaction costs, prevent disputes, and help to achieve business goals. This paper explores the possibilities for using visualization techniques within and about contracts, and invites others in the legal and commercial contracts community to join collectively in that effort

Innovating Contract Practices: Merging Contract Design with Information Design

The work and expertise of contracts professionals are vital to the operations of modern organizations and the global economy. Strategic planning as well as everyday transactions can be conceived, developed, secured, and implemented through contractual relationships. This accelerating importance and functionality of contracts is not matched, however, by their traditional format or drafting process. Indeed, their mission-critical value is not fully appreciated by decision makers. Many opportunities offered by contracts remain unexplored if contracts are seen merely as legal tools needed only in case a dispute arises. A fresh approach to contracts and contracting is called for. Drawing on the Authors’ research into user-centered contract design, contract visualization, and proactive contracting, this paper explores how contract practices can be innovated. The early results of our work in progress indicate that information design, embedded into contract design, has the potential to change fundamentally the way organizations define, shape and manage their trading relationships, offering unexplored opportunities for both research and practice

Systems theory as a research framework for dispute prevention and resolution by design

©2021 Ledizioni. Unless otherwise stated, this work is released under a Attribution-ShareAlike 4.0 International (CC BY-SA 4.0), https://creativecommons.org/licenses/by-sa/4.0/deed.itfi=vertaisarvioitu|en=peerReviewed

Visualization: Seeing Contracts for What They Are, and What They Could Become

Commercial contract users read their contract documents infrequently, and understand them inadequately. The disincentives may be several: contract language may be too technical and too long; contracts may be organized around ensuring or avoiding legal liability rather than providing guidance toward performing contractual responsibilities; or contracts may rarely include frameworks that would prompt the parties to explore new opportunities. For whatever reason, the neglect by users of contractual documents can lead not only to unpleasant surprises in the performance or enforcement of particular contractual duties, but also to chronic underuse of contracts as potential instruments for planning, innovation, commercial relationship-building and optimal business results. Visualization techniques-i.e., adding graphic images to supplement written words-could invigorate the effectiveness of contract documents and processes. Greater understanding and use of contract materials could reduce transaction costs, prevent disputes, and help to achieve business goals. This paper explores the possibilities for using visualization techniques within and about contracts, and invites others in the legal and commercial contracts community to join collectively in that effort

From visualization to legal design : a collaborative and creative process

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Integrating law, technology, and design : teaching data protection and privacy law in a digital age

Key Points The data protection lawyer of the future will be a key intermediary of innovation—or ‘transaction engineer’—who facilitates and coordinates new forms of business and other social relationships in rapidly evolving multi-disciplinary settings. The effective performance of this function requires legal professionals to develop a different mindset, along with new skills and capacities, specifically a better understanding of the underlying technologies and the value and techniques of legal design, as well as a knowledge of relevant data protection law. Transferable principles for teaching data protection law and privacy law in a digital age are identified. The article proposes a task-oriented, gamified, and sandbox approach to data protection education that delivers a more relevant student experience that cultivates meaningful capacities and skills that are more closely aligned with the needs and values of a digital age.©The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.fi=vertaisarvioitu|en=peerReviewed