Consent at the crossroads: balancing data protection and market regulation

Lazzaro, Leonardo (A.A. 2024/2025) Consent at the crossroads: balancing data protection and market regulation. Tesi di Laurea in Data protection, Luiss Guido Carli, relatore Filiberto Brozzetti, pp. 131. [Single Cycle Master's Degree Thesis]

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Abstract/Index

A closer look at consent in data protection law. The concept of consent in data protection law. Defining consent. Consent as an expression of a fundamental right. The freedom to consent. The role of WP29 and the EDPB in shaping the definition of consent. Consent within the framework of the DGA and DSA regulations. The challenges and limitations of consent. The consent fatigue and the vulnerable data subject. Recent developments on consent and market regulation in European jurisprudence. The evolution of consent in case law: interpretations, applications and emerging trends. From the illusion of free online platforms to the rise of “consent or pay” models. The ongoing debate: antitrust and privacy in the digital economy. The implications of case C-252/21. Case C-21/23. Actio finium regundorum between the Italian competition authority (AGCM) and the Italian Data Protection Authority on unfair commercial practices: the Council of State’s ruling on the appeal against Judgment no. 15326 of 18 november 2022. Integrating market and competition factors into data protection practices: the EDPB’s position paper (january 2025). Latest developments and future directions. The approach of European data protection authorities to the “consent or pay” model. Meta found in breach of the digital markets act: European Commission’s april 2025 decision. An alternative third option beyond the “consent or pay” model. Balancing data protection and market efficiency: towards a coherent regulatory approach.

References

Bibliografia: pp. 119-132.

Thesis Type: Single Cycle Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair: Data protection
Thesis Supervisor: Brozzetti, Filiberto
Thesis Co-Supervisor: Punzi, Antonio
Academic Year: 2024/2025
Session: Summer
Deposited by: Alessandro Perfetti
Date Deposited: 16 Dec 2025 08:58
Last Modified: 16 Dec 2025 08:58
URI: https://tesi.luiss.it/id/eprint/44404

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