The attempt to establish a common European framework for core platforms’ duties and responsibilities towards other actors in the digital environment is at the core of the recent scholarly debate surrounding the Digital Markets Act (DMA) proposal. In particular, the everlasting juxtaposition...

Purpose: This study aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive and manipulative marketing, considering in particular consumers’ expectations of privacy. Design/methodology/approach: A doctrinal legal research methodology is applied...

The protection and management of personal data of deceased person is an open issue both in practical terms and in theoretical terms. The fundamental right to privacy and to personal data protection (as well as secondary legislation, as GDPR) seems inadequate to cope with data of deceased data...

Nowadays, it is vastly acknowledged that the majority of business-to-consumer (B2C) interaction is based on consumer profiling, and that individuals’ data is increasingly used as a tool to elaborate and deliver personalized products and services. Risks related to unregulated abuse of...

Commerce in some data is, and should be, limited by the law because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we investigate the example of...

Commerce in some data is, and should be, limited by the law (data extra commercium) because some data embody values and interests (in particular, human dignity) that may be detrimentally affected by trade. In this article, drawing on the Roman law principles regarding res extra commercium, we...

The commodification of digital identities is an emerging reality in the data-driven economy. Personal data of individuals represent monetary value in the data-driven economy and are often considered a counter performance for “free” digital services or for discounts for online products and...

This article offers a new perspective on the boundaries between health and non-health data in the age of “Quantified-Self” apps: the “data-sensitiveness-by-computational-distance” approach — or, more simply, the “sensitive-by-distance” approach. This approach takes into account two...

In recent years, the debate about smart contracts, the blockchain, and their interaction with the law has been constantly intensifying, resulting in a vast multiplicity of contributions that try to deal with these new technologies, the role they are likely to assume in the society, and their...