PT Journal
AU Metzger, A
TI Data as Counter-Performance: What Rights and Duties do Parties Have?
SO JIPITEC
PY 2017
BP 2
EP 8
VL 8
IS 1
DE Digital content; consumer; contract law; contracts; directive; personal data as counter performance
AB Article 3 para. 1 of the proposed Directive on certain aspects concerning contracts for the supply of digital content recognises that consumers may use their personal data as counter-performance in exchange for contents or services. This approach confirms a social practice, which may be observed everywhere in the digital environment. Accepting personal data as counter-performance in bilateral contracts intensifies the rights and duties of both parties. For the consumer, the proposed Directive clarifies that the data subject providing its personal data to the supplier shall have the same rights as in the case of a money consideration paid to the supplier. However, what are the duties of the consumer and what are the rights of the supplier? The proposed Directive does not address this issue. The article provides some initial answers based on German contract law.
ER