Bezahlen mit Daten

Anyone who 'pays' with data instead of money is meant to enjoy full consumer rights under the Digital Content Directive. However, the GDPR defines the data protection framework within which such 'payment with data' is possible at all. This work examines the tension between the two legal acts and shows how it can be resolved under current law. In doing so, it also considers the structural power asymmetry between users and online services. The author develops practical criteria for determining when a contract exists in which personal data are provided as (de facto) counter-performance, and classifies typical cookie banners and 'pay or consent' models in light of the prohibition of coupling.