THE ALGORITHM AND THE CONSENT. ANALYSIS OF USER CONSENT FOR THE USE OF SOCIAL MEDIA PLATFORMS (PART I) Cover Image

ALGORITMUL ŞI CONSIMŢĂMÂNTUL. ANALIZA ACORDULUI DAT DE UTILIZATORI PENTRU FOLOSIREA PLATFORMELOR SOCIALE (PARTEA I)
THE ALGORITHM AND THE CONSENT. ANALYSIS OF USER CONSENT FOR THE USE OF SOCIAL MEDIA PLATFORMS (PART I)

Author(s): Andrei Antohi
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: algorithm; consent; legal liability; defects of consent; TikTok;

Summary/Abstract: A Japanese proverb says that "nothing is more expensive than what you get for free”. There is no denying how much social media platforms and apps that came after mIRC, Hi5, and, of course, Facebook have changed our lives. Facebook completely changed the rules of the game, quickly making its predecessors obsolete. Basically, by completely changing everything, they have become an integral part of our lives— there is now an app for everything, with social media apps being by far the most widely used. The price is starting to emerge for our digital fingerprint, and it looks like it will be quite expensive. This article aims to analyze TikTok's operating algorithm, the reasons why it has become the most downloaded app, and, in Part II, the consent given by users for data processing, the analysis of the legal provisions in force, and the comparison of the resulting data. At the same time, we will try to identify any defect of consent between users and TikTok, as acceptance of the platform's terms and conditions serves as a contract and, according to the European Union Directive (2019/770), payment for digital services provided by platforms is made with one's own data.

  • Issue Year: 2025
  • Issue No: 06
  • Page Range: 29-38
  • Page Count: 10
  • Language: Romanian
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