‘Contracting for Personal Data’

“Should traditional rules of contract law apply to transactions in markets for personal data involving consumers? The protection of consumer information in the United States (US) has followed a ‘Notice and Choice’ approach, which encouraged businesses to outline their information privacy practices, including the rights and risks associated with the collection, use, sharing, and security of information in privacy policies, to which consumers must typically agree. To a large extent, the relationship between the business and user with regards to information privacy is contractual …” (more)

[Kevin E Davis and Florencia Marotta-Wurgler, Oxford Business Law Blog, 5 December]

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