Exemptions from application of the EU Directives 2019/770 and 2011/83 relating to the conclusion of the contract and the purposes of personal data processing

Bibliogr. s. 80-84. Streszcz. ang. s. 85

The EU Directives 2019/770 and 2011/83 expand consumer’s protection against non-performance of contracts for the supply of digital content or digital services to agreements under which aconsumer does not pay aprice, but rather provides an entrepreneur with apossibility to process personal data. In order to determine applicability of those two direc-tives to such arrangements, certain prerequisites have to be met. Firstly, acontract must be concluded. It is, however, not clear how to distinguish factual use of digital content made available to the public in the Internet from entering into contract. Secondly, the directives are not applicable in the case where an entrepreneur processes personal data relating to aconsumer solely for the purpose of supply of digital content or digital services. This raises aproblem with clarification of the scope of entrepreneur’s performance, in particular when the terms of service artificially expand it to include profiling of consumer’s behaviour in order to display targeted advertisements as part of digital service.