The Perfect Match? A Closer Look at the Relationship between EU Consumer Law and Data Protection Law

📅 2025-10-15
📈 Citations: 0
Influential: 0
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🤖 AI Summary
This paper addresses the pervasive over-collection of personal data by corporations offering ostensibly “free” digital services. It examines the synergistic application of EU consumer law and data protection law through legal interpretation, comparative analysis, and case-law examination, revealing their complementary potential in regulating data commercialization practices. The study innovatively proposes an integrated “data consumer law” framework, contending that core consumer rights—particularly transparency and fair trading—can serve as substantive constraints on corporate data processing. It further advocates enabling consumer organizations to bring data infringement claims under consumer law. By bridging doctrinal divides, the research provides both theoretical grounding and concrete institutional proposals to strengthen the EU’s data rights protection architecture and advance legislative–judicial coherence. (136 words)

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📝 Abstract
In modern markets, many companies offer so-called 'free' services and monetize consumer data they collect through those services. This paper argues that consumer law and data protection law can usefully complement each other. Data protection law can also inform the interpretation of consumer law. Using consumer rights, consumers should be able to challenge excessive collection of their personal data. Consumer organizations have used consumer law to tackle data protection infringements. The interplay of data protection law and consumer protection law provides exciting opportunities for a more integrated vision on 'data consumer law'.
Problem

Research questions and friction points this paper is trying to address.

Examining the relationship between EU consumer and data protection law
Addressing excessive personal data collection through consumer rights
Exploring synergies between consumer and data protection for integrated governance
Innovation

Methods, ideas, or system contributions that make the work stand out.

Consumer law complements data protection law
Consumer rights challenge excessive data collection
Integrated data consumer law vision emerges
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Frederik Zuiderveen Borgesius
IViR Institute for Information Law of the University of Amsterdam
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Agustin Reyna
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