What is it about?
"Free" digital business models - users are not requested to pay a price, but to disclose personal data – are a very common reality. The right to data protection is affected by these commercial practices. This article examines if personal data can be economically exploited by the data subject. The question arises from the need to build a coherent approach and a joined-up enforcement between data protection and (consumer) contract law.
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Why is it important?
The article shows that there are some conceptual barriers between data protection law and contract law, but they should not affect political decisions on "free" digital business models. On this regard, the analysis of the economic exploitation of personality rights is useful.
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This page is a summary of: Personal Data and Contract Law: Challenges and Concerns about the Economic Exploitation of the Right to Data Protection, European Review of Contract Law, November 2018, De Gruyter,
DOI: 10.1515/ercl-2018-1022.
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