Data as Counter-Performance: What Rights and Duties do Parties Have?
Metzger
Axel
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.
Digital content
consumer
contract law
contracts
directive
personal data as counter performance
340
periodical
academic journal
JIPITEC
8
1
2017
2
8
2190-3387
urn:nbn:de:0009-29-45286
http://nbn-resolving.de/urn:nbn:de:0009-29-45286
metzger2017