Il diritto alla protezione dei dati personali nella Data Economy. I contratti con le piattaforme digitali

The research aims to analyse the relationship between Data Protection and the ‘circulation’ of personal data that has become established in the emerging data-driven economy. The issue of data protection in data-driven economy has become a subject of intense debate, particularly due to the widespread use of contractual schemes that enable one party to collect and process data. This dynamic has led to the need for a multi-level protection system, incorporating the application of the application of Regulation (EU) 2016/679, Contract law and, where appropriate, Consumer law. Through the examination of recent cases submitted to the Court of Justice of the European Union and the study of the latest regulatory developments, it has been observed that the commercialization of personal data processing is an unimpeded reality, often even promoted by European Institutions, aiming to foster favorable conditions for fair and transparent data access and use, grounded in trust and respect for European standards and values. Having reconstructed the right to protection of personal data as a right of personality, subject to limited forms of negotiation, this research also explores the context in which personal data is commodified, the market dynamics, and the potential for considering information as legal assets when it holds social utility. From the perspective of Private law, a proper framework for the commercialization of personal data processing requires the assessment of validity of the contracts in light of the limits placed on the protection of the individual and their information. This highlights the need to identify the limits and mechanisms by which data subjects may grant others the right to use their personal data, as well as the legal bases that support such processing from the standpoint of data protection.