Clash of Interests – Is Behaviour-Based Price Discrimination in Line With the GDPR?
Clash of Interests – Is Behaviour-Based Price Discrimination in Line With the GDPR?
Author(s): István BöröczSubject(s): Law on Economics, ICT Information and Communications Technologies, EU-Legislation
Published by: Pécsi Tudományegyetem
Keywords: profiling; big data; price discrimination; privacy; GDPR; data protection by design; data protection impact assessment;
Summary/Abstract: Data serves as a resource for organisations to create new economic value. Due to the rapid technological development society tries to catch up and learn how to utilise the new, continuously expanding range of tools. Market actors rely on data from different sources, as they can predict personal traits, attributes, thus individual and social needs, meaning they do not have to wait for those needs to emerge, they are able to predict and determine the role and function of a new innovation. The providers and developers of various services want to increase and maximise their profit and market share through the exploitation of the cognitive vulnerabilities of the user. One possible way is behaviour-based price discrimination. With big data analytics organisations have an exceptional opportunity to add additional value to their services, such as optimising business processes and performance with personalised pricing. This approach means that the object of both the aforementioned tendencies and privacy-centric legislation is, through his personal information, the individual. The purpose of this paper is to examine a possible consequence of datafication in the field of personalised services with special regard to its effects on the private life of the individual. The paper will also mention several tools by which it might be feasible to protect privacy.
Journal: Essays of Faculty of Law, University of Pécs Yearbook
- Issue Year: 2016
- Issue No: 1
- Page Range: 37-55
- Page Count: 19
- Language: English
