OLG Cologne brakes consumer advocates: “Paying with data” is not a price – What this means for users
The Higher Regional Court of Cologne has ruled that payment with data is not a total price in the sense of consumer law. The BGH had already clarified that a consumer is not obliged to hand over personal data in return for a service or goods. The decision of the OLG Cologne underlines that consumer rights continue to guarantee the protection of privacy and data of users. The courts emphasize that the payment with data must not be regarded as a direct exchange for a price of goods or services, but rather as an additional form of data processing, which is subject to a separate examination.
The decision has far-reaching implications for companies that offer data as a means of payment. Consumer advocates have long warned that such models not only carry legal risks, but could also undermine users’ trust in digital services. In times of increasing digitalization and data collection, it is particularly important that users know their rights and can protect themselves against unauthorized data processing. The legal statement of the Cologne Higher Regional Court underlines that consumer rights continue to play a central role and must not be overlaid by new business models.
Also relevant for the discussion is the decision of the Higher Regional Court Bremen, which has switched off AI monitoring in the swimming pool due to a lack of data protection impact assessment. This shows that the application of AI systems in practice often has to be connected to legal framework conditions. Responsibility for compliance with data protection rules lies with providers, and a lack of or insufficient data protection measures can lead to significant legal consequences.
Criticism of AI systems that could undermine user trust through deceptive agents or unpredictable decisions is supported by leading AI researchers such as Yoshua Bengio. Bengio warns of the loss of control by AI agents who may be able to exploit rules or develop deceptive behaviors. Such risks underline the need to accompany AI systems not only technically, but also ethically and legally.
## What this means for users The AI modules in xynap are designed to enable data protection-compliant and consumer protection-friendly solutions that comply with the legal framework.