Abstract

New technologies enable enterprises to collect a large amount of consumer data, which can be used for commercial purposes (e.g. for targeted advertisement). Hence, data are increasingly considered as having an (economic) value. The monetisation and commercialisation of data has become a widespread phenomenon in the field of supplying digital contents (and services), which are frequently provided against a counter-performance in the form of (personal or other) data (see also the European Proposal on Certain Aspects Concerning Contracts for the Supply of Digital Content). Such new business model is further used by the so-called telematic car insurances. In this regard, customers who consent to the installation of a black-box on their vehicles and allow the insurance company to collect and record data concerning their driving patterns, are normally rewarded with cheaper car insurance rates. The intrusion in their privacy is what they pay to get the car insurance at a lower price. In Italy black-box insurances have been recently regulated by the Annual Competition and Market Act (No. 124/2017). The Italian legislator set out rules regulating the liability of the subjects involved in a car accident and estimating the automatic mandatory discount applicable where a black-box is installed. On the contrary, the legislator did not take into account the possibility for insurance companies to process customer data for (other) business purposes. In fact, if customers consent to the use of their data for purposes that are not foreseen by the law, they should get an additional reduction in the price of the insurance coverage. However, the Competition and Market Act does not provide for such an additional discount.