Journal of Northeastern University(Social Science) ›› 2023, Vol. 25 ›› Issue (5): 107-116.DOI: 10.15936/j.cnki.1008-3758.2023.05.012

• Law • Previous Articles     Next Articles

On Consenting to the Processing of Personal Information as Consideration for the Provision of Network Services

SUN Hongliang   

  1. (School of Law, Tsinghua University, Beijing 100084, China)
  • Published:2023-09-27
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Abstract: The doctrinal framework that distinguishes acts of burden from acts of disposal helps to define the legal attributes of the user's consent to the processing of his or her personal information in a contract for network services for which the user is not required to pay. At the interpretive level, consent to the processing of personal information constitutes consideration for network services, and the consideration of network service contracts is not embodied in the synallagmatic connection, but in the conditional or causal connection. At the functional level, consent to the processing of personal information as consideration involves determining whether the user's consent is given voluntarily, which in turn affects the validity of the consent. Consent given by the user in the case of “bundled authorization” is not valid, and the validity of consent in the case of fraud or misrepresentation has to be determined by means of contextual decisions based on the “see-saw theory”.

Key words: processing of personal information; personal information as consideration; informed consent; right of withdrawal; bundled authorization

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