Data-driven Value Extraction and Human Well-being under EU Law

In this article, we explore the intersection between data protection law and consumer protection law in their application to data-driven business models that monetise attention and personal data. We approach European Union law from a constitutional perspective, as in addition to economic harms some aspects of predatory business models also pose a risk for human dignity, human well-being, social welfare and democracy. From a three-tiered model of information asymmetry, it is argued that there is a need to rethink consumer protection in order to restore some sense of equity in commercial interactions online. In that vein Social welfare computing can play an important role in combating superficiality and strengthening social cohesion.