Algorithmic Personalized Pricing: A Personal Data Protection and Consumer Law Perspective
Resource type
Author/contributor
- Chapdelaine, Pascale (Author)
Title
Algorithmic Personalized Pricing: A Personal Data Protection and Consumer Law Perspective
Abstract
Price is often the single most important term in consumer transactions. As the personalization of e-commerce continues to intensify, the law and policy implications of algorithmic personalized pricing i.e., to set prices based on consumers’ personal data with the objective of getting as closely as possible to their maximum willingness to pay (APP), should be top of mind for regulators. This article looks at the legality of APP from a personal data protection law perspective, by first presenting the general legal framework applicable to this commercial practice under competition and consumer law. There is value in analysing the legality of APP through how these bodies of law interact with one and the other. This article questions the legality of APP under personal data protection law, by its inability to effectively meet the substantive requirements of valid consent and reasonable purpose. Findings of illegality of APP under personal data protection law may in turn further inform the lawfulness of APP under competition and consumer law.
Publication
The Canadian Bar Review
Volume
102
Issue
1
Date
2024-04-24
Language
en
ISSN
0008-3003
Short Title
Algorithmic Personalized Pricing
Accessed
4/25/24, 4:24 PM
Library Catalog
Rights
Copyright (c) 2024 The Canadian Bar Foundation
Extra
2024 CanLIIDocs 883
Citation
Chapdelaine, P. (2024). Algorithmic Personalized Pricing: A Personal Data Protection and Consumer Law Perspective. The Canadian Bar Review, 102(1). https://cbr.cba.org/index.php/cbr/article/view/4914
Author / Editor
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