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2018•SSRN Electronic JournalOpen access

Data As Counter-Performance: A New Way Forward or a Step Back for the Fundamental Right of Data Protection?

Laura Drechsler

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Abstract

With the proposed Directive on digital content the Commission has tried to give legal re-ality to the fact that individuals pay for otherwise free services online with their per-sonal data (data as counter-performance). The legislative procedure has revealed se-vere 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 EU consumer law can offer.

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What this paper is about

With the proposed Directive on digital content the Commission has tried to give legal re-ality to the fact that individuals pay for otherwise free services online with their per-sonal data (data as counter-performance). The legislative procedure has revealed se-vere 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 EU consumer law can offer.

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Available abstract

With the proposed Directive on digital content the Commission has tried to give legal re-ality to the fact that individuals pay for otherwise free services online with their per-sonal data (data as counter-performance). The legislative procedure has revealed se-vere 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 EU consumer law can offer.

Key concepts: Directive on Privacy and Electronic Communications, Data Protection Act 1998, Directive, General Data Protection Regulation, Fundamental rights, Commission, Data Protection Directive, Legislature

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Data As Counter-Performance: A New Way Forward or a Step Back for the Fundamental Right of Data Protection? — Research Paper | ScholarLens