In the digital economy, one increasingly hears the claim that personal data is the “new currency”. Nevertheless, the Higher Regional Court of Stuttgart recently issued a decision dismissing a lawsuit brought by a consumer association against a retail chain and confirming that it is permissible to advertise participation in a loyalty programme as “free of charge”, even though users, in order to use the app, provide their personal data. The Court took a clear position - the provision of personal data, in and of itself, does not constitute “payment” or a “price” within the meaning of the relevant rules governing the pre-contractual information obligation regarding the total price.
Author:
Sonja Stojcic, Senior Associate,
sonja.stojcic@prlegal.rs