Consent under pressure and the Right to Informational Self-Determination
Internet Policy Review, 1(4)
The concept of consent is deeply entrenched in the German constitution's right to informational self-determination, which is itself part of the general right to personality (Art. 2 (1) in conjunction with Art. 1 (1) GG). While this concept still remains valid in law, in practice, it has taken hits that can be attributed to market developments, long contractual terms and conditions, and increasing dependence of users on online platforms. This analysis examines what is left of the notion of consent in this field, and gives an overview over several legal and practical solutions to revive it effectively.