Consumer Law and the Regulation of the Free Flow of Data: Upsetting the Balance of the European Data Protection Framework

Research output: Contribution to journalArticlepeer-review

Abstract

Whereas the complementarities of data protection and consumer law for the protection of consumer data have increasingly gained attention of scholars and policy makers, the interaction of consumer law with the free flow of data has been left in the dark. However, in a data-driven economy where the creation of a genuine single market for data has become a key concern for EU policy and where consumers are increasingly embracing digital content and IoT products, consumer law progressively impacts and is thus intertwined with the free flow of both personal and non-personal data. By analysing how three legislative instruments that protect consumer interests interact with the free flow of data, it shows how consumer law transposes the principle of free movement of data from data protection to non-personal data via maximum harmonisation. At the same time, however, it demonstrates how consumer law risks undermining the objective of data protection law to create a harmonised legal framework that facilitates the free flow of personal data.
Original languageEnglish
Pages (from-to)78-87
Number of pages10
JournalJournal of European Consumer and Market Law (EuCML)
Volume13
Issue number2
Publication statusPublished - 19 Apr 2024

Keywords

  • consumer protection
  • Data Protection
  • data laws
  • data governance

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