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2020 | OriginalPaper | Chapter

Yes Means No(thing): Bridging Consent in Contract Law and Data Protection in the Context of Smart Mobility

Author : Catalina Goanta

Published in: Smart Urban Mobility

Publisher: Springer Berlin Heidelberg

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Abstract

This contribution departs from a theoretical question regarding the similarities and differences between informed consent as a concept of contract law on the one hand and as a concept of privacy and data protection on the other hand. As a lot of private urban mobility initiatives (e.g. Uber public transportation) focus on tracking and profiling users for the purpose of data analyses that lie at the core of their business models, informed consent plays a fundamental role in the transactions through which this data is acquired.
This chapter aims to explore the urban mobility context in order to identify and discuss legal issues linked to the tensions between the two legal frameworks shaped by contract law as well as privacy and data protection law. In order to showcase the roots of consent in contract law and follow its clash with an equivalent concept arising from mandatory data protection rules aimed to curtail freedom of contract for protective purposes, it examines the contract as the transactional regime underpinning the legitimacy and legal validity of an agreement between two parties, and looks into models of contract formation and information duties comparatively in contract and data protection scholarship.

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Metadata
Title
Yes Means No(thing): Bridging Consent in Contract Law and Data Protection in the Context of Smart Mobility
Author
Catalina Goanta
Copyright Year
2020
Publisher
Springer Berlin Heidelberg
Book
Smart Urban Mobility

Print ISBN: 978-3-662-61919-3

Electronic ISBN: 978-3-662-61920-9

Copyright Year: 2020

DOI
https://doi.org/10.1007/978-3-662-61920-9_14