The price consists of ... data (also). Economic needs and legal pursuits in the age of digital consumption

Abstract

The present paper is based upon the recent transposition into national law of Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services. Taking the realities of the digital economy into consideration, especially its data centric and data dependent character, I will try to argue that the specific imbalances of business to consumer relations are in fact deepened by digital markets. Consumers’ personal data represent a permanent and inexhaustible flow of raw materials and profit for the trader. The paper concomitantly focuses on the provisions of the Directive, trying to emphasize both its pros and cons, since the provisions are a significant progress in the configuration of European contract law.