One of the criteria set out by EU legislation for making personal data process-ing legitimate is the performance of a contract. Having regard to both the infinite variety in the contractual relations that can give rise to personal data protection issues and the increasingly central role of information for a proper functioning of the markets, the distinctive regime governing personal data protection provides an opportunity to reflect on the ways in which aspects of privacy and personal data processing are regularly negotiated in everyday life and on the dangers to the fundamental rights of data subjects that can stem from the inadequate exercise of contractual freedom in this respect. The aim of the paper is to verify whether a form of self-regulation based on negotiation may be appropriate and useful, and whether/how the widespread phenomenon of weak bargaining positions currently characterising market relations can spread to choices relating to personal information. This issue will be analysed in order to find the legal ground of data processing when personal data are processed by a company which offers services free-of-charge, namely when one’s consent to the processing of personal data is required in exchange for the granting of an online personalised service.

Freedom of contract and the commercial value of personal data

VITERBO, FRANCESCO GIACOMO
2016

Abstract

One of the criteria set out by EU legislation for making personal data process-ing legitimate is the performance of a contract. Having regard to both the infinite variety in the contractual relations that can give rise to personal data protection issues and the increasingly central role of information for a proper functioning of the markets, the distinctive regime governing personal data protection provides an opportunity to reflect on the ways in which aspects of privacy and personal data processing are regularly negotiated in everyday life and on the dangers to the fundamental rights of data subjects that can stem from the inadequate exercise of contractual freedom in this respect. The aim of the paper is to verify whether a form of self-regulation based on negotiation may be appropriate and useful, and whether/how the widespread phenomenon of weak bargaining positions currently characterising market relations can spread to choices relating to personal information. This issue will be analysed in order to find the legal ground of data processing when personal data are processed by a company which offers services free-of-charge, namely when one’s consent to the processing of personal data is required in exchange for the granting of an online personalised service.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11587/410520
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