Abstract:
In Germany’s private law sector, legislative amendments have been frequent in the digital age, though their necessity and rationality remain debatable. The emergence of electronic contracts has posed certain challenges to the existing legal system, yet they can largely be interpreted within the traditional framework of legal act theory. Most amendments in German contract law stem from the requirement to transpose EU directives into domestic law, with new rules such as those represented by the Digital Content Contracts Law receiving mixed reviews. EU legislation in the data field exhibits strong international influence, yet it carries elements of regional protectionism, and the rationality of its rules is increasingly questioned. Meanwhile, the legislative recognition of the “payment with personal data” model has triggered conflicts between personal data protection rules and Germany’s private law system. The development of autonomous driving technology has also impacted existing road traffic liability, insurance liability, and product liability frameworks, to which both German and EU law have provided preliminary responses. In refining and developing China’s Civil Code for the digital era, it is essential to draw upon the strengths of diverse systems while adhering to a fundamental stance of subjectivity, grounding efforts in practical needs, and advancing institutional exploration and rule construction.