The importance of personal data for the digital economy accentuates a problematic information asymmetry between consumers and the data-driven market players. An increased consumer protection would have to deal with the lack of transparency of this black-box setup and a flawed use of consent as regulatory model. The consumer protection needs to be improved in practice, in its implementation, not only in its policy.
No previous study has offered a systematic comparative analysis of different forms of regulatory chilling effects online. This article discusses a first-of-its-kind case study that does so.