In/acceptable marketing and consumers' privacy expectations: four tests from EU data protection law

What is it about?

This research aims to discover the legal borderline between licit online marketing and illicit privacy-intrusive manipulative marketing, considering in particular consumers’ expectations of privacy. The GDPR is a solid compliance framework that can help to distinguish licit marketing from illicit one. It brings clarity through four legal tests: fairness test, lawfulness test, significant effect test, and the high-risk test. The performance of these tests can be beneficial to consumers and marketers in particular considering that meeting consumers’ expectation of privacy can enhance their trust. A solution for marketers to respect and leverage consumers’ privacy expectations is two-fold: enhancing critical transparency and avoiding the exploitation of individual vulnerabilities.

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