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Prof. Dr. Wolfgang Kerber: Consent without Choice - Market Power, Data Protection, and Competition Law

In his lecture, Prof. Dr. Wolfgang Kerber will adress the future role and scope of individual consent and contractual solutions as legal instruments for protecting personal data and privacy.

Location: Hardenbergstr. 32 | 10623 Berlin | Room A105


Time: Tuesday, March 3 2020 03:00 PM


Weizenbaum Lecture


The controversially discussed Facebook case of the German competition authority (Bundeskartellamt) about the bundling of consent to data processing as an abusive behavior of Facebook (as a firm with market dominance) has triggered an international discussion about the relationship of competition policy and data protection law. It leads to the question whether and to what extent (a) competition law should also help to protect the privacy of consumers and/or (b) market power considerations should be taken into account in EU data protection law.

However the problem that consumers have to give consent to the processing of their personal data without having a genuine choice will also increasingly emerge in many new IoT applications (e.g., smart homes, smart cars, smart cities) as part of the digitisation of the offline world. Therefore much more fundamental questions emerge about the future role and scope of „individual consent” and contractual solutions as legal instruments for protecting personal data and privacy.

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