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Abstract

Although consumers and data subjects do not always overlap in the European Union, the fields of data protection and consumer law are increasingly intertwined. Within this case note, one of the most impactful and recent decisions of the Court of Justice of the European Union will be analysed. Case C-252/21 will be examined through the lens of consumers using social networks in the digital age, additionally making references to the ‘take it or leave it’ and ‘cash for privacy exchange’ concepts identified by the doctrine in the field. Innovatively, this commentary will present a distinct and atypical opinion related to this judgment's most significant contribution, merging a legal and doctrinal analysis with future-oriented practical predictions. At the same time, another similar case against the same tech giant (Meta) will be touched upon as part of the arguments referred to. Moreover, the main pillars of interest for the study will be the lawfulness of processing based on Article 6 and Article 9 GDPR, the strengthened regime of processing special categories of personal data as per Article 9 GDPR, the new collaboration apparatus between data protection and competition authorities, and the nexus between all these and consumer protection. Essentially, even if the decision was given against Meta, a tech giant, it is expected that consequences will extend outside its sphere and that a shift towards a more consent-driven digital economy will be identified.

Digital Object Identifier (DOI)

https://doi.org/ 10.55496/WSVA2357

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