Protection of Personal Data in Digital Service: Analysing Coerced Consumers’ Consent and the relevant Legal Frameworks in the EU

Abstract

In the dynamic digital era, consent is a cornerstone of online interactions. This research delves into coerced consent within digital services, examining its ethical and legal dimensions and highlighting challenges. It underscores the importance of informed consent, which can be compromised by intricate technology and manipulative designs like dark patterns. The EU's regulatory framework, notably the GDPR and e-privacy laws, is central. The study assesses their role in privacy and data protection, but acknowledges their potential inadequacy in the ever-growing digital landscape. It also discusses the emerging regulations like the AI Act, Data Act, DSA, and DMA, which are proposed to complement the existing framework. However, due to their recent introduction and pending implementation, their immediate impact on coercion and dark patterns remains uncertain.

Addressing coerced consent, the research highlights issues curbing user autonomy, transparency, and choices within the EU's regulatory scope. The study underscores the importance of adaptable regulatory frameworks while noting that dark patterns raise legal concerns due to their potential violation of regulations. The research significantly contributes to data privacy and consent discussions by critically examining coerced consent's complexity. It blends legal analysis with socio-legal insights, offering a comprehensive perspective. While robust, the study acknowledges that the impact of new regulations depends on their eventual enactment. It identifies avenues for future exploration and the potential implications of coerced consent in specific digital contexts such as social media.

In essence, this research navigates the intricate terrain of coerced consent within digital services, highlighting ethical, legal, and practical dimensions. It underscores the need for transparent consent practices and adaptable regulatory frameworks to preserve users' rights amid the dynamic digital evolution.