Publication details
Ochrana osobních údajů v kontextu poskytování digitálních dat spotřebitelům
| Title in English | Personal data protection in the context of supply of digital data to the consumer |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | Digital content; digital service; counterperformance; personal data protection; GDPR; right to delete; double opt-in |
| Description | The author analyzes the protection of personal data in the supply of digital data to consumers, primarily by comparing the General Data Protection Regulation, Directive 2019/770 of 20th of May 2019 on certain aspects of contracts for the supply of digital content and digital services, Directive 2019/771 of 20th of May 2019 on certain aspects of contracts for the sale of goods and a draft of amendment to the Civil Code, which implements the aforementioned directives into the Czech law. A comparison of the legislation revealed how the individual regulations interact with each other and what is their terminological interconnection. The author also deals with the problems that arise during the interaction of individual regulations. The author has concluded that, although the relationship between provisions of personal data protection acts and private law acts is well and concretely defined, several practical problems have arisen which cannot be dealt with through simple interpretation. In particular, contracts where one of the parties is a minor and the institutes of subsequent refusal of performance and the right to delete have serious shortcomings in the context of both sub-divisions of law. The author also considers the hypothetical consequences of the strict and rigid application of the new law to the existing market practice. The author concludes that there is a value gap between the personal data protection and the contract law of the supply of data to consumers, which has the potential to create practical problems that will have to be addressed in some way. |
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