Can personal data be treated as a form of payment? And if so, where should the law draw the line?
In this dissertation, Polina Popovych, a former whatnext.law Master’s Scholarship Holder, explores one of the most debated questions in today’s digital economy: whether business models that exchange access to digital services for personal data can be reconciled with fundamental rights and the principles of contract law. Building on the controversy surrounding Meta’s ‘Consent or Pay’ model, the dissertation examines the commodification of personal data through the lens of Portuguese contract law, consumer protection, and data protection regulation.
By analysing the doctrine of immoral contracts and relevant Portuguese case law, the research offers a nuanced perspective on whether data-for-service exchanges should be categorically prohibited or assessed according to their specific circumstances.
We are pleased to share this work, developed with the support of a whatnext.law scholarship, and invite you to explore its contribution to the ongoing debate on the future of personal data, digital markets, and individual autonomy in the digital age.
