Abstract
Targeted advertising, dark patterns, and omnipresent data collection as the primary business model of the global online world have been the subject of an ongoing legal debate. One particular consideration involves the secondary use of data after its initial collection and exploitation. Data has proven a valuable commodity for actors previously unnoticed in digital environments: brokers who trade in data. Their non-transparent business model carries structural, legal, ethical, and societal implications. This article analyses the data broker business model and the resulting conflicts with the European Data Protection Regulation (GDPR), incorporating interdisciplinary findings and the new legislative procedures at the Union level into the legal analysis.
Results
The paper identifies the business model of data brokers as a significant concern due to its lack of transparency and the potential for misuse of personal data. This model poses challenges to existing legal frameworks, particularly the GDPR.It highlights the structural, legal, ethical, and societal implications of data brokers’ operations, suggesting that these entities have become influential players in the digital economy without adequate oversight.
The analysis reveals conflicts between the practices of data brokers and the principles of GDPR, indicating that current regulations may not fully address the complexities of data brokerage.
The paper incorporates interdisciplinary findings and considers new legislative procedures at the European Union level, suggesting that there is a need for updated legal measures to manage the secondary use of data effectively.
Overall, the results underscore the necessity for increased transparency and regulation of data brokers to ensure compliance with GDPR and to protect individual privacy rights in the digital landscape.
Conclusion
The paper concludes that data brokers play a significant role in the digital economy, primarily due to their non-transparent business models, which have substantial legal, ethical, and societal implications.
It identifies conflicts between data broker operations and the European Data Protection Regulation (GDPR), suggesting that the current legal framework may not be sufficient to address the challenges posed by these entities.
The analysis incorporates interdisciplinary findings and considers new legislative procedures at the European Union level, indicating a need for updated regulations to better manage the secondary use of data.
The paper emphasizes the importance of the ongoing legal debate around targeted advertising, dark patterns, and data collection practices, which are crucial for understanding the broader impact of data brokers on privacy and data protection.
Overall, the paper calls for increased transparency and regulation of data brokers to align their practices with the principles of GDPR and to protect individual privacy rights in the digital age.
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