La ‘prestazione’ del consenso al trattamento dei dati personali tra istanze personalistiche ed esigenze di mercato
Journal title CITTADINANZA EUROPEA (LA)
Author/s Piergiuseppe Carnovale
Publishing Year 2025 Issue 2025/1
Language Italian Pages 28 P. 207-234 File size 254 KB
DOI 10.3280/CEU2025-001006
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The essay aims to assess whether the consent to the processing of personal data, given by the user to the professional for the ‘apparently free’ supply of digital content or services, can be deduced within an obligatory relationship as an alternative to the payment of a pecuniary consideration. Starting from the analysis of Article 1174 of the Civil Code, the investigation has revealed the basic misunderstanding contained in the concept according to which personal data represent the ‘counter-performance’ of the supply of the digital content or service. The logical consequentiality with which its function as consideration for the service provided, by virtue of its commercial exploitation by the digital operator, seems to conceal a confusion between the patrimoniality of the contractual service and the patrimoniality of the creditor’s interest. Although consent to the processing of personal data is involved in a contra¬ctual programming of interests, it is functional to the realisation of a process of informational self-determination that accompanies the economic transaction without juxtaposing itself with contractual consent.
Piergiuseppe Carnovale, La ‘prestazione’ del consenso al trattamento dei dati personali tra istanze personalistiche ed esigenze di mercato in "CITTADINANZA EUROPEA (LA)" 1/2025, pp 207-234, DOI: 10.3280/CEU2025-001006