Article: The Crisis of Consent

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21 March, 2014

In European Data Protection Law, the notion of consent is a legitimate ground for processing personal data. This notion is often used in the online environment, but the effectiveness of this notion is questioned in academic circles. Are data subject aware of the consequences and risks of personal data processing? Do data subject consider these risks and consequences when asked for their consent?

The article “The Crisis of Consent: How Stronger Legal Protection May Lead to Weaker Consent in Data Protection”, examines the effectiveness of the legal framework for consent in practice. The article is written by B.W. Schermer, partner at Considerati and associate professor Internet Law at Leiden University, B. Custers, Research Manager at Leiden University and S. Van der Hof, professor of Law and the Information Society at Leiden University.

The pre-final version of the article can be found here. The final article will eventually appear in Ethics & Information Technology.

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Nathalie Falot

Senior Legal Consultant

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