Machine-to-Machine Contracting in the Age of the Internet of Things

In this paper I argue that even though the proposal for a Digital Content Directive excludes from its scope contracts pertaining to the ‘Internet of Things’ and ‘machine-to-machine contracting’, the use of artificial agents in the conclusion of contracts between consumers and traders need not lead to drastic amendments of current legislation. It is argued that such contracts should be seen through the lense of the law on representation (agency), as such an approach sufficiently tackles problems relating to the emergence of self-learning and self-thinking artificial agents. There does not seem to be a compelling argument to recognise artificial agents as legal or electric persons, but the law of representation would need to be amended in order for artificial agents to act as representatives. Some additional legislative measures that need to be taken are identified as well.