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

Natali Helberger, Frederik Zuiderveen Borgesius, Agustín Reyna · 2025 · 111 citationsRead the paper

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'.

What the full text shows

Theory or simulation
  • Consumer law can provide contractual remedies (e.g., repair or refund) if a digital service fails to meet data protection standards or collects more data than specified. (Under the draft Digital Content Directive)
  • Contractual clauses requiring excessive personal data disclosure can be classified as unfair due to imbalance between parties' rights and obligations. (EU consumer law context)
  • Consumer organizations have successfully used consumer law to address data protection infringements. (EU legal framework)
  • Data protection law principles, such as purpose limitation, can define 'reasonable expectations' for consumers regarding the use of their data. (Under the draft Digital Content Directive)
Setup
Analysis of EU legal frameworks, including the GDPR, the E-commerce Directive, and the draft Digital Content Directive.
How
Legal analysis and theoretical exploration of the interplay between EU consumer law and data protection law. The authors examine directives, regulations (GDPR), and existing legal opinions to argue for a complementary 'data consumer law' approach.
Limitations
Information requirements (mandated disclosure) have limited potential to empower consumers as they are often ignored or misunderstood. · Existing inconsistencies and contradictions between consumer law and data protection law. · Risk that treating personal data as a commodity in consumer law could conflict with human rights.

Summarized by Gemma 4 from the open-access full text · 12 Oct 2026. Read it