El valor de los datos en un entorno digitalen particular, cuando se trata de una contraprestación por el suministro de contenidos o servicios digitales

Resumen

Generally, a traditional approach to contracts did not take into consideration those cases where the eventual compensation could be the data of the other party. However, in a digital environment ruled by the data economy, it is increasingly common that the trader supply or undertake to supply digital content or a digital service to the consumers, and the consumers provide or undertake to provide personal data to the trader for specific purposes. In this scenario, it is applicable the Spanish Consumers and Users Act and the Data Protection Regulation. It should be borne in mind that the application of technologies like Artificial Intelligence and Big Data can transform isolated worthless data into valuable data, by allowing it to be used for purposes other than its intended use. And this, under certain circumstances, could imply an infringement of the data protection right. The preference application of data protection regulation over consumer regulation set out suggestive questions that are analyzed in this paper.