Personal Data as Means of Payment for Digital Content or Digital Services in the Slovenian Implementation of the Digital Content and Services Directive

One of the most significant features introduced by Directive (EU) 2019/770 (Digital Content and Services Directive, DCSD) is the regulation of contracts in which consumers provide their personal data to traders in exchange for digital content or digital services. The DCSD effectively places consumers who “pay” with their personal data on an equal footing with those who pay a monetary price for digital content or services. However, this results in the overlap of two entirely distinct legal fields: consumer law and data protection law. Should the provision of personal data be active? Should it include non-personal data as well? What happens when a consumer withdraws their consent for the processing of personal data? Since the DCSD leaves many such questions to the discretion of Member States, there is a considerable risk of diverging transpositions of the DCSD into national legal systems. Slovenia’s implementation of the DCSD remains relatively conservative and closely follows the Directive’s framework. Nevertheless, it addresses the trader’s right to terminate the contract if the consumer withdraws consent for the processing of personal data.