One of the main challenges facing the EU today is the effective protection of citizens’ fundamental rights and freedoms within the acephalous digital habitat dominated by the emergence of new powers capable of overriding the sovereign power of States, as well as generating unacceptable inequalities and prevarications related to the real-time collection, processing and analysis of data. For the European jurist, it becomes more necessary than ever to know how to juggle jus conditum and jus condendum, appealing to European legal science and keeping the structural elements of law in mind. The intent is to avert the reduction of individuals to mere informational entities to be evaluated, profiled, and exploited for disparate purposes. This, is even more so following the removal by behavioural economics of the paradigm of absolute rationality and the concomitant discovery of mind biases used by mechanisms of libertarian paternalism (or neuro-marketing) in order to silently alter the formation of wills. Hence, to prevent public space from being enslaved to private economic interests, European action must increasingly tend toward dialogue with these new powers and, perhaps, seek to govern the dysfunctional outcomes of the digital by breaking data monopolies.