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From the magazine SZW-RSDA 4/2019 | S. 335-345 The following page is 335

Daten als Entgelt

The use of personal data as payment means in con­tractual relations is an economic reality that does not contradict the legal framework. In exchange for digital content a data subject may provide personal data to the supplier agreeing to have used them for further data processing. Under Swiss law, such kind of values’ exchange can be qualified as innominate contract that encompasses continuing obligations. However, the execution of these contracts faces various practical and legal dif­ficulties, especially due to the free revocability of the data subject’s consent.

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