Algorithms, profiling and electronic consumer contracts

Abstract

The potential of implementing algorithms in activities related to electronic commerce is numerous and, more specifically, in the formation of electronic consumer contracts, with the potential to violate consumer rights. Examples such as geo-pricing and geo-blocking techniques symbolize this trend, but the reality surpasses these examples, imposing, for the consolidation of the research hypothesis, a broader investigation into the incidence of the General Law for the Protection of Personal Data (Law 13.709 / 2018) in view of the use of personal data for profiling (not only based on geolocation). In this sense, we work with the data governance metaparameters described in arts 46 to 51 of the law for a re-reading of the classic doctrinal structure of electronic contracts, whose potential for preventing discriminatory practices presents conditions to ensure that cyber consumers are not suffraged by the abusive algorithmic implement. The research will use the deductive methodology, still being based on the bibliographic-doctrinal research method to, soon after, present the final considerations, from which we will try to extract a more assertive understanding regarding the explicit problem.