Lo Giudice
Angela Lo Giudice
Lawyer & Co-founder
Polimeni.Legal
June 16, 2023 10:20 - 11:00

Legal Tech

Obligation or truth? The subtle difference between free or conditional consent in digital marketing 3.0

Personal data is the new black gold: after mining and refining it, it can be monetized. There are two main players: companies: they need increasingly accurate data to intercept their target audience by optimizing advertising budgets. users: often unaware of the value of their data and attracted by the offers accessible in exchange for it The guidelines on consent and those on cookies state that personal data cannot be a bargaining chip: consent to its provision cannot be extorted or conditioned in any way. Consent, however, could be said to be unconditional if the user has an equivalent service available that he or she can obtain without the provision of the data. Is it permissible, then, to allow access to content in exchange for subscribing to a newsletter? Can payment for a service be said to be an equivalent alternative to the provision of data? On what perimeter can a company's marketing activities play out, without clashing with what the legislation states?