Personal Data as an Economic Good – Misleading Commercial Practices and Social Networks

How Deep Is Your Law? Brexit. Technologies. Modern Conflicts. Conference Papers, Vilnius University Faculty of Law, Vilnius, 2017, pp. 288-297

12 Pages Posted: 31 Jul 2017

See all articles by Ricardo Pazos

Ricardo Pazos

Comillas Pontifical University

Date Written: July 1, 2017

Abstract

In the digitised world, businesses seek different types of information, and personal data is one of them. These data allow them to economise their resources, reach a larger public and target their goods and services to the right users. All the collected information can be used, sold to or exchanged with other economic operators. This paper covers two of the large number of legal issues that arise from the increasing importance of personal data in the digitised world.

First, Internet users usually must give information in exchange of online content which is allegedly ‘free.’ Taking into account the economic value of that information, we might be facing a case of ‘misleading advertising’. Even if it is not, the CJEU has recently developed more its case-law regarding transparency on terms that are not individually negotiated, in connection with the Unfair Terms Directive. This case-law can be used to make online content providers be subject to a special obligation of transparency on the payment through personal data.

Second, the owners of social networks require users to give access to their personal data and to transfer or share their rights on information, videos or images uploaded and diffused through the platform. Two sets of property rights play here. On the one hand, those on the network, held by its owner. On the other, those on the personal data, held by the user. A property rights approach to this interaction lead us to foster privacy and data protection rules designed by contracts between network owners and each user.

Keywords: social networks, personal data, misleading commercial practices, transparency, property rights

Suggested Citation

Pazos, Ricardo, Personal Data as an Economic Good – Misleading Commercial Practices and Social Networks (July 1, 2017). How Deep Is Your Law? Brexit. Technologies. Modern Conflicts. Conference Papers, Vilnius University Faculty of Law, Vilnius, 2017, pp. 288-297, Available at SSRN: https://ssrn.com/abstract=3011199

Ricardo Pazos (Contact Author)

Comillas Pontifical University ( email )

Alberto Aguilera 23
Madrid, Madrid 28015
Spain

HOME PAGE: http://web.comillas.edu/profesor/rpazos

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