TY  - JOUR
A1  - Durovic, Mateja
A1  - Lech, Franciszek
A2  - Tronnier, Frédéric
T1  - A consumer law perspective on the commercialization of data
T2  - European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht
N2  - Commercialization of consumers’ personal data in the digital economy poses serious, both conceptual and practical, challenges to the traditional approach of European Union (EU) Consumer Law. This article argues that mass-spread, automated, algorithmic decision-making casts doubt on the foundational paradigm of EU consumer law: consent and autonomy. Moreover, it poses threats of discrimination and under- mining of consumer privacy. It is argued that the recent legislative reaction by the EU Commission, in the form of the ‘New Deal for Consumers’, was a step in the right direction, but fell short due to its continued reliance on consent, autonomy and failure to adequately protect consumers from indirect discrimination. It is posited that a focus on creating a contracting landscape where the consumer may be properly informed in material respects is required, which in turn necessitates blending the approaches of competition, consumer protection and data protection laws.
Y1  - 2021
UR  - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/64577
UR  - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-645778
UR  - https://kluwerlawonline.com/journalarticle/European+Review+of+Private+Law/29.5/ERPL2021038
SN  - 1875-8371
N1  - This  work  was  supported  by  PANELFIT,  which  has received  funding  from  the  European  Union’s  Horizon 2020  research  and  innovation  programme  under  grant agreement No 788039.
N1  - This article was first published in the EUROPEAN REVIEW OF PRIVATE LAW (Vol.29, Nr. 5-2021, [701–732], 2021 Ⓒ Kluwer Law International BV, The Netherlands).
VL  - 29
IS  - 5
SP  - 701
EP  - 732
PB  - Kluwer
CY  - Dordrecht
ER  -