Data Protection and Discrimination in the Age of Pricing Algorithms

Abstract

At a time where companies process massive amounts of personal data enabling them to generate complex profiles of consumers, the question how the fundamental rights of data protection and nondiscrimination in the European Union (EU) can still guard individuals against abuses arises with special impetus. Although the issue of “price discrimination” via algorithms has been analysed from the standpoint of how these algorithms are designed and in relation to the General Data Protection Regulation (GDPR), an enquiry into how antidiscrimination law specifically interacts with data protection law remains crucial to understand how individuals are protected in their access to goods and services, especially in the context of pricing algorithms.

Keywords: price discrimination, data protection, antidiscrimination law, EU law, GDPR