ABSTRACT

The mining entrepreneur will opt for the use of digital technology even under the conditions of strict liability if the benefits outweigh the risks. The increasing use and importance of digital technology in mining requires a legal order appropriate to the new technical standards. Legally secured ownership of data makes it easier to make economic allocations that promote the use of the data. According to conventional legal control technology, liability for damage caused in the mining industry by the use of digital technology can initially be considered a liability for fault. With the increasing influence of digital technology on mining activities highly automated or autonomous control technology is gaining in importance. The fact that in the transport sector there are already a number of rules on liability based on fault indicates that liability in the event of a failure of digital technology is not unimaginable from a legal policy point of view.