El contrato de suministro de contenidos digitales a cambio de datos personalesa propósito de la propuesta de directiva 634/2015 de 9 de diciembre de 2015

Abstract

The market for digital goods and services has been achieved in recent years an essential role in the legal traffic. However, this contrasts with a lack of regulation of the fundamental aspects of these business. For this reason, in 2015 was presented the Proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content, which is intended to unify the legal treatment of the fundamental aspects of these contracts in the European. One of the main novelties presented in the proposal is to consider the transfer of personal data as the consideration that consumer assumes in exchange of digital content, so that these contracts which enables to provide consumers with the same protection that receive when they pay a price in money. In this paper we highlight some of the possible problems that may arise from this decision and that affect the very contractual regulations and the adequacy of these regulations to data protection legislation.