Trier Studies on Digital Law – Volume 6 • Hendrik Heesen

This dissertation examines “Smart Enforcement”, i.e. the use of remote digital access to connected devices for the enforcement of private legal claims. It addresses the question of whether providers of internet-enabled products – such as smart cars – may unilaterally restrict their functionality in cases of contractual breaches or payment defaults, and which limits are imposed by existing law. The study focuses in particular on possessory protection, contract law, standard terms and conditions, and the role of the state’s monopoly on the legitimate use of force. It demonstrates that, while Smart Enforcement may offer significant efficiency gains, it also poses substantial risks to the rule of law, debtor protection, and the alignment between legal rights and their technical implementation. Building on these findings, the dissertation develops proposals for a regulatory framework that would generally permit digital enforcement mechanisms while subjecting them to procedural safeguards, oversight mechanisms, and protective measures designed to protect affected users.

This book is only available in German