Journal Name: Information & Communications Technology Law

Volume Number: 30

Issue Number: 2

Abstract:

Article 22 GDPR imposes a prima facie prohibition on certain forms of automated decision-making. It has been suggested that Article 22 GDPR may prohibit online personalised pricing, as online personalised pricing involves the making of automatic pricing decisions based on customers’ personal data. However, this paper will argue that Article 22 GDPR should not be relied upon to constrain online personalised pricing. Two main reasons are given in support of this argument. First, Article 22 GDPR does not in fact pose a significant obstacle to online personalised pricing. Second, there are good reasons why a prohibitory stance against online personalised pricing should not be adopted, and a transparency-centric approach should be preferred instead.