Consumer´s Volition in the Wake of Personal Data Retrieval in Electronic Contracts and the Consent Paradigm

Abstract

Due to clickwrap, a characteristic of electronic contracts, consumers´ personal data may be collected, stored and shared by digital entrepreneurs. Current hypothetical-deductive-based article analyzes consumer´s consent in the wake of personal information required in electronic contracts through clickwrap. Scientific papers, legislation and doctrines were employed to reach the conclusion that there is a lack of manifest volition and genuine intention of the consumer so that digital entrepreneurs deal with personal data. Since consumers are consenting internally and externally to all clauses in electronic contracts, including providing data to foment advertisements or the establishment of market trends, such a situation is undertaken without the proper consent required by the General Law for Data Protection. It is actually a consent paradigm. When consumers click on clickwrap, they propose to obtain goods or services and not to be reduced to data as a secondary aim. However, this fact is irrelevant since the law presumes that the click is an express concordance of the consumers to all additional electronic clauses even though that it produces the depersonalization of the person. Qualitative approach is employed to construct a systematic and rational knowledge since current basic research may be a scientific source for new knowledge at a time for contemporary consumer´s rights.