Publicação
Personal Data Commodification and the Doctrine of Immoral Contracts
| Resumo: | In today's digital economy, personal data has become a key asset, generating new market dynamics, transforming business models and consumer experiences. It fosters innovation by enabling targeted advertising and data-driven decisions, shifting from traditional advertising to personalized experiences. Amidst the growing reliance on personal data, a notable controversy surrounds Meta's 'Consent or Pay' model, which requires users to choose between consenting to data processing for targeted advertising or paying a subscription fee for an ad-free experience, raising significant ethical and legal concerns. These concerns have sparked growing scrutiny over whether the model complies with data protection laws, consumer rights, and contract law, underscoring the urgent need for legal evaluation. A crucial point of dispute, led by the European Data Protection Supervisor (EDPS), is whether personal data can be treated as a commodity or a counter-performance, given its intrinsic link to fundamental rights. The EDPS further challenges the legitimacy of datafor-service exchanges, implicitly engaging with the doctrine of immoral contracts as a potential legal basis for rejecting such models. This dissertation critically examines whether 'Consent or Pay' models can be classified as immoral contracts under Portuguese law. By analysing traditional legal theories and case law on immoral contracts, it assesses whether these models should be categorically prohibited or evaluated on a conditional basis. The research evaluates the balance between protecting personal data as a fundamental right and accommodating the economic realities of digital markets. This research aims to shed light on the legal implications of Meta’s ‘Consent or Pay’ model within the Portuguese legal system, while also adding to the broader discourse on data governance and the future of data-driven business models. |
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| Autores principais: | Popovych, Polina Oleksandrivna |
| Assunto: | Consent or Pay Pay or Okay Personal Data Commodity Immoral Contracts Data Exchanges European Data Protection Supervisor Consumer Law Illegal Contracts Online Platform Consentir ou Pagar Bem Económico Contratos Imorais Trocas de Dados Autoridade Europeia para a Proteção de Dados Direito do Consumidor Contratos Ilegais Plataforma Online Dados Pessoais |
| Ano: | 2025 |
| País: | Portugal |
| Tipo de documento: | dissertação de mestrado |
| Tipo de acesso: | acesso aberto |
| Instituição associada: | Universidade Nova de Lisboa |
| Idioma: | inglês |
| Origem: | Repositório Institucional da UNL |
| Resumo: | In today's digital economy, personal data has become a key asset, generating new market dynamics, transforming business models and consumer experiences. It fosters innovation by enabling targeted advertising and data-driven decisions, shifting from traditional advertising to personalized experiences. Amidst the growing reliance on personal data, a notable controversy surrounds Meta's 'Consent or Pay' model, which requires users to choose between consenting to data processing for targeted advertising or paying a subscription fee for an ad-free experience, raising significant ethical and legal concerns. These concerns have sparked growing scrutiny over whether the model complies with data protection laws, consumer rights, and contract law, underscoring the urgent need for legal evaluation. A crucial point of dispute, led by the European Data Protection Supervisor (EDPS), is whether personal data can be treated as a commodity or a counter-performance, given its intrinsic link to fundamental rights. The EDPS further challenges the legitimacy of datafor-service exchanges, implicitly engaging with the doctrine of immoral contracts as a potential legal basis for rejecting such models. This dissertation critically examines whether 'Consent or Pay' models can be classified as immoral contracts under Portuguese law. By analysing traditional legal theories and case law on immoral contracts, it assesses whether these models should be categorically prohibited or evaluated on a conditional basis. The research evaluates the balance between protecting personal data as a fundamental right and accommodating the economic realities of digital markets. This research aims to shed light on the legal implications of Meta’s ‘Consent or Pay’ model within the Portuguese legal system, while also adding to the broader discourse on data governance and the future of data-driven business models. |
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