Personalização de preços baseada nos dados pessoais dos consumidores

• Autor(a) principal: Amaral, Rodrigo Macario Vieira Pellicciari do
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40850
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Personalização de preços; Dados pessoais; Consumidor; Dever de informação; Não discriminação; Price customization; Personal data; Consumer; Duty to inform; Non-discrimination

For some years now, there has been a significant increase in the interest of regulators and public policy makers in the activities of personalizing offers in digital markets. The phenomenon can also be examined from a larger context: the transformation of electronic commerce activities (“e-commerce”) by the evolution and incorporation of information and communication technologies (“ICTs”) into business models. However, innovations in e-commerce bring with them new legal challenges. Among these challenges, “offer differentiation” stands out, a commercial practice that, in a broad sense, can be defined as making offers available to certain consumers based on their pre-mapped and influenced behavior deduced from automated data analysis of consumers by the intermediaries ("profiling") responsible for bringing them closer to the sellers, resulted in a true "price customization". The forms of articulation and joint use of these tools in a coherent public/regulatory policy, however, until recently had not been clearly maintained by state authorities and international organizations around the world. Given this scenario, the present study aims to outline and clarify relevant aspects of the subject, providing horizons for the formulation of a legal treatment of the subject by the Brazilian authorities and to answer whether, currently, in the Brazilian legal system, price customization is lawful