Consumers' Vulnerability in the Digital Economy: Personal Data as a Counterperformance and Digital Obsolescence

Personal data-based business models are thus rapidly expanding and serve as a basis for, e.g., personalized pricing and targeted advertising. In this framework, it deals in particular with the exchange of personal data from the perspective of the law of obligations, focusing in particular on precontractual information duties, notion of price, role of consent in the processing of personal data, and the impact of its withdrawal on the contract for the supply of digital content and digital services. Second, the disruption brought about by the obsolescence of goods with digital elements shatters the very basis of consumer law, challenges its effectiveness, and raises some crucial issues, requiring innovative solutions. Addressing the legal implications of this phenomenon has thus become a necessity and current provisions on this aspect show a lack of effectiveness. The innovations brought about by the EU legislator set (only) a first step in this direction and show the need of a more systematic approach.