Abstract

MONSALVE CABALLERO, Vladimir. THE PROTECTION OF PERSONAL DATA IN THE ELECTRONIC CONSUMER CONTRACTS: ANALYSIS OF COLOMBIAN LAW AND THE MAIN EUROPEAN REFERENCE. Prolegómenos [online]. 2017, vol.20, n.39, pp.163-195. ISSN 0121-182X.  https://doi.org/10.18359/prole.2729.

After multiple calls from the Constitutional Court, Colombia has approved a law of non-financial habeas data and a regulatory decree, which are intended not only to fill a regulatory gap, but also to generate scenarios of real and effective protection about the right that all people have to know, update and correct information that has been collected about them in databases. The article aims to evaluate from European directives and the legislation of reference, scope and adequacy of national standards. It will show that application in e-commerce may be fruitless, because of the lack of express regulation that suits the habeas data to online transactions, making necessary the adoption of rules of self-regulation on the part of consumers as a mechanism of protection.

Keywords : Non-financial habeas data; computing self-determination; informed consent; relationship of consumption; e-commerce.

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