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6 - Beyond the Price Tag

Personalized Pricing and the Pre-contractual Rights of Consumers and Data Subjects under EU Law*

from Part II - EU Law Perspectives on Price Personalization

Published online by Cambridge University Press:  20 March 2025

Fabrizio Esposito
Affiliation:
NOVA Law School (Portugal)
Mateusz Grochowski
Affiliation:
Tulane University, Louisiana
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Summary

With the continued advances in big data analytics and artificial intelligence (AI), it is now possible to rapidly adjust prices of goods and services offered in digital consumer markets. In particular, traders may try to increase their surplus from a purchase based on the availability of a variety of consumers’ data. This may result in different prices being charged to consumers based on their predicted willingness to pay.

The prospects of personalized pricing have sparked a vigorous debate in Europe. Although wide deployment of this practice in the European Union (EU) markets has not been evidenced, it has already become a cause of concern.

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Publisher: Cambridge University Press
Print publication year: 2025

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