Person oplysninger i digitale forbrugeraftaler: En juridisk og retsøkonomisk vurdering af aftalevilkår om samtykke til databehandling

Ann-Sofie Vejgaard Christensen

Student thesis: Master thesis

Abstract

The world is constantly changing and with the increasing digitalized world, we are experiencing challenges with our way of acting on online platforms, due to our need to protect ourselves against misuse of our personal data, being shared across the internet. The objective of this master thesis is to examine the initiating act of data processing, the conclusion of an agreement of sharing personal data as a consumer. The master thesis seeks to make an analysis of whether the rules on unfair terms in the Danish Contracts Act. (Aftaleloven) should be applied to consent to data processing, as articulated in the Danish Privacy Act (Persondataloven) when consent is used as a contract term in a consumer contract. The conclusion is derived through three analytical chapters; A Legal dogmatic analysis, An Economical analysis and An Integrated analysis. The Legal dogmatic analysis shows, that the law rules in the Danish Contracts Act (Aftaleloven) § 38c, cf. § 36 can be compared to the Danish Privacy Act (Persondataloven) § 3, no. 8 in terms of the demand for Information. Furthermore, the analysis shows that there is not a general set of definition of when the information provided is sufficient. Finally, the legal dogmatic analysis shows, that the use of consent to data processing, formulated as a contract term in a consumer contract could be considered fair if the rules of the Danish Privacy Act (Persondataloven) are respected. The Economic analysis shows, that the use of consent formulated as a contract term in a consumer contract term in a consumer contract is an inefficient regulation due to the asymmetrical information combined with the challenge with the consumers lacking ability to process information in an agreement. The Integrated analysis combines the knowledge acquired in the first two analysis, resulting in a preliminary conclusion, that the rules of consent to data processing as a contract term in a consumer contract should be assessed under the rules of the Danish Contracts Act (Aftaleloven) § 38c cf. § 36. All this combined, the master thesis concludes, that to make the legislation more efficient the rules of unfair terms in the Danish Contracts Act (Aftaleloven) should be used in the assessment of consent to data processing, as articulated in the Danish Privacy Act (Persondataloven) when consent is used as a contract term in a consumer contract.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2016
Number of pages88
SupervisorsJan Trzaskowski