PAYING WITH DATA: THE PROTECTION OF PERSONAL DATA IN CONSUMER CONTRACTS IN THE DIGITAL AGE

The contractual regulation of civil (consumer) relations in the digital economy is still in its infancy. In this connection, the use of a natural person's personal data as a “payment” or counter-performance in a consumer contract is of great importance. The author suggests that the personal data of a natural person may be a special object of obligation, as well as a type of “payment” under a contract, other than money, given that they are inherent in the information, value, and property nature, as well as the ability to be as a means of exchange. A consumer contract in which personal data is a “payment” for content or services contains certain elements inherent in barter agreements and transactions for the disposal of intellectual property rights. The possibility of turnover of personal data requires special legal regulation and proper supervision of the state regarding contractual relations with personal data. Also, it is important to note that the issue of determining the limits of exercising the rights of participants in consumer contractual relations regarding personal data is open since, for a natural person, his/her data has not only property but also non-property value.