ABSTRACT

PERSONAL DATA TRANSFER BETWEEN CONTRACT AND CIVIL LIABILITY.

The monographic study of Prof. Avv. Emilio Tosi - Esecutive Director of international Resarch Center High Tech Law - offers a valuable focus on contractual profiles and civil liabilities legal issues of personal data economic exploitation and big data in the light of capitalism of digital data surveillance society.

In this respect are studied, on one side the double nature of personal data, between personality right and new immaterial good; on the other side double nature of consent in the light of General Data Protection Regulation between authorization nature (art. 6.1 lett.a) and contractual nature (art. 6.1 lett.b).

Furtermore are considered legal implications of recent update of Consumer Code operated by Legislative Decree 173/2021 - implementing in Italy EU Directive 770/2019 - which has set forth the new art.135 octies regulating personal data use as value of exchange - “payment” in a wider sense - for contracts providing digital goods and services. Personal data and contract are not struggling legal frames: under GDPR it is expressely recognized the balancing principle of fundamental right protection and freedom of personal data circulation in the EU digital market.

The new personal data exploitation contract shall be a regulated one fully abiding mandatory GDPR principles and rules.

The monograph furthermore offers a deep analysis of protection and remedies applicable to the data subject with particular reference with civil strict liability under 82 GDPR and pecuniary sanctions.

Personal data and consumer protection legal frames cross each other in order to enhance protection of data subject - weak party of asymmetric data protectin relation.

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