Die Auslegung des datenschutzrechtlichen Koppelungsverbots – Lockerung durch den Corte di Cassazione

Paying with data is becoming an increasingly common phenomenon. However, it is a highly debated question, if data can be used as counter-performance. One could argue that the consent isn’t of voluntary nature, if the performance of the contract is conditional on it. In the analysed decision the Italian Supreme Court took a different view. In its opinion the link established between the contractual performance and the consumers’ consent to the processing of his data doesn’t exclude the voluntary nature of the data subject’s statement.