Online advertising : the interplay of EU data protection and consumer protection law

Abstract

Within the digital era, the protection of EU consumers’ personal data has become increasingly important, as the data of individuals are often exposed, shared and transferred to sellers, advertisers and third parties, for the purpose of targeted advertising and of offering personalized recommendations or customized products and services, based on consumers’ preferences, weaknesses and psychological insights. Given the increased need to protect consumers from unlawful or unwanted advertising in an online environment, this thesis shall assess the intersection between online advertising, EU data protection law and EU consumer law. Following a presentation of the most relevant provisions of the EU legal framework on protection of personal data, this study shall analyze the most significant instruments of EU consumer law that could be applicable in the field of online advertising and shall assess the interplay between these two areas of law. Taking into account the central role of privacy in a democratic society, it shall be demonstrated that consumer law could offer an additional layer of protection in cases of personal data breaches by the AdTech industry. It is concluded, that although consumer law is mainly focused on fair contracting, whereas data protection law aims primarily at protecting fundamental rights when personal data are being processed, these two legal fields can complement each other and offer consumers enhanced protection of their rights in the digital economy.