Ms Emma Hanrahan:

Good morning members. Under the digital content directive, there is this new idea because previously data, or the provision of personal data to a trader, did not amount to consideration under contract law. The digital content directive has introduced this because many digital services - and we know this happens with some of the larger platforms - provide this service that appears to be free but they are doing this in exchange for personal data. Essentially, this would mean that consumers will now have a contract with these service providers and, going forward under the Act, they will have remedies should there be a problem with the contract. Obviously, the provision of personal data, if it is just in order to provide the service to the consumer or if it is to comply with legislative requirements, is an exception under the Data Protection Act, which means that this essentially would not amount to consideration. If the data, however, is processed beyond that by a trader - for instance, if they use a person’s data to target that person for another product - that would be considered good consideration and a contract would have been formed once the scheme is enacted.

In this regard, an issue arose around personal data and we consulted with the Data Protection Commissioner about the right to withdraw data etc., and it is set in stone that the consumer can withdraw the right to access their data. As to how that would work effectively, we said it would be governed by data protection law and we do not intend to wade into that side of things because we do not have the expertise required. The best thing to do there is to refer to existing data protection law which governs what would happen in those instances. I thank Deputy Bruton.