Potential contractual abuses aimed at AI development.

Abstract

On the basis that the processing of users' personal data is a type of consideration in contracts for the supply of digital content and services, the content of the contract is usually divided into two sections: the first consisting of the ‘Terms of Use’, ‘Terms of Service’ or ‘Conditions of Service’ and, on the other hand, the ‘Privacy Policy’ or ‘Privacy Statement’. However, this separation or segregation of the contractual content into different sections contributes to the misinformation of the user, as it makes it difficult for the user to understand the legal and financial significance of their data and contributes to the perpetuation of the supposed free nature of digital content and services that are not free at all. For instance, the report ‘Update the Unfair Contract Terms Directive for Digital Services’ indicates that clauses which ‘create the impression that digital services are provided free of charge, when consumers pay for the service with their personal data, time or attention’ could be unfair1 .