Abstract
With the proposed Directive on digital content the Commission has tried to give legal reality to the fact that individuals «pay» for otherwise «free» services online with their personal data («data as counter-performance»). The legislative procedure has revealed severe doubts on the compatibility of this concept with the GDPR and the fundamental rights nature of data protection. This paper aims for reconciliation by considering the Directive as another means of data protection as a fundamental right, and by arguing for the enhanced practical opportunities using European consumer law can offer.
| Original language | English |
|---|---|
| Pages (from-to) | 35-43 |
| Number of pages | 9 |
| Journal | Jusletter IT |
| Publication status | Published - 22 Feb 2018 |
| Externally published | Yes |
| Event | 21th International Legal Informatics Symposium - Salzburg, Austria Duration: 22 Feb 2018 → 24 Feb 2018 Conference number: 21 |
Keywords
- Data as counter-performance
- Data protection
- Digital Content Directive
- European consumer law
- Fundamental rights