As per the GDPR, the data controller must ensure a fair and lawful use of data. The analysis in [1] found three mean semantic notions of fairness in various translations of GDPR:
- correctness (Italian, Swedish, Romanian)
- loyalty (French, Spanish, Portuguese and the German version of “Treu und Glaube”) and
- equitability (French, Spanish and Portuguese).
All these three notions relates to the Roman law notion of “bona fide”. Thus the GDPR ensures that the data controller takes substantial mitigations of unfair imbalances that create situations of “vulnerability” for data subjects.