Personal data as currency

Data-based business models are becoming widespread day by day. In this study, business models based on the processing of personal data are analysed in terms of the law of obligations and the status of personal data in the contractual relationship is determined. The research question of the thesis is whether it is correct to say that a service or product is utilised gratuitously in cases where no fee is paid and the processing of personal data is permitted (to consent). In this context, firstly, the necessity for establishing the balance between the data subject whose personal data is processed and the entrepreneur is emphasised. Subsequently, ways in which this balance is possible have been put forward, and the legal nature of personal data has been evaluated by taking into account the approaches and discussions in different legal systems. Legal issues regarding the establishment of a contractual relationship exchange of personal data are discussed. In all these assessments, it is also explained how the principles of data protection create differences regarding the establishment of this contractual relationship. In legal transactions in consideration of personal data, the principles of withdrawal of consent and whether it is possible to limit this right have been evaluated. In the legal relationship in consideration of personal data, the consequences of the non-performance are analysed. Finally, the specific situations regarding the termination of the relations in consideration of personal data are analysed.