Abstract

This chapter analyses recent developments in the area of digital consumer law in the EU while focusing on the ‘data as counter-performance’ quandary and its application to location data. The immense technological and economic significance of location data in smart urban spaces renders them a relevant subject for inquiry in the context of ongoing legal efforts to protect consumers who grant permission to use their location data in exchange for digital goods and services.

Highlights

  • The classic problem of how to get from point A to point B in the most efficient and convenient way demands new solutions in our digital time and age, especially in modern cities, which are home to 70% of the EU population.1 Technological solutions are predominantly based on the generation, collection and extensive use of electronic data

  • Location data is a term often used in the context of digital technology and economy but which is less often explained or treated as a unique type of data that creates a unique set of problems

  • In order to somewhat narrow the scope of the present discussion, it appears reasonable to begin by limiting it to machine-readable data, i.e. data that are generated, stored, analysed, aggregated, enriched, edited, manipulated, transmitted, etc. by the use of digital machines and devices

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Summary

Introduction

The classic problem of how to get from point A to point B in the most efficient and convenient way demands new solutions in our digital time and age, especially in modern cities, which are home to 70% of the EU population. Technological solutions are predominantly based on the generation, collection and extensive use of electronic data. In order to slow down its expansion rate and bring the spread of the pandemic under control, an early identification of infected individuals as well as all other individuals who have been in contact with them is considered critical: Knowing the mobility patterns of positively tested individuals during the relevant period, cross referencing this data with the location data (typically generated by smartphones) of all the persons who were in close physical contact with them, and based upon matches, taking preventive measures such as sending direct SMS warnings, ordering quarantine and isolation, conducting pinpointed testing, etc., is considered by many a promising, even a vital strategy to contain the disease. Described as (consumer) data commodification, the second part endeavours to provide initial insights into the problem of location data that economically—and potentially legally—function as a counter-performance, after the enactment of Directive (EU) 2019/770, which addresses the topic

General Observations
Legal Definitions
Technological Perspectives
Economic Perspectives
Background
Recognition in the DCSD
Normative Priority of EU Data Protection and Privacy Law
Application to Location Data
Products Bundled with Digital Elements
Findings
Conclusion
Full Text
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