The Discourse of Control and Consent Over Data in EU Data Protection Law and Beyond

Abstract

Across the United States and Europe, the act of clicking “I have read and agree” to terms of service is the central legitimating device for global tech platforms’ data-driven activities. In the European Union, the General Data Protection Regulation has recently come into force, introducing stringent new criteria for consent and stronger protections for individuals. The emphasis on individual consent, choice and control over data also exists in other areas of EU law such as competition law and the regulation of disinformation. This Article argues that the entrenched long-term focus on users’ control and consent fails to protect consumers who face increasingly intrusive data collection practices.

Keywords: data, consent, control, choice, data protection, GDPR, competition law, antitrust, European Union, disinformation, individual, consumer law

JEL Classification: K00, K20, K21