The Legal Status of Electronic Contracts Based on the Analysis of Privacy Data: A Comparative Study in U.S. and French Law, with Reference to European Union Regulations
Year: 2025
Type: other
Abstract: This research examines how the analysis of personal and privacy data affects contractual will, validity, enforceability, and balance in electronic transactions under U.S., French, and European Union law. It addresses a gap in existing data-protection frameworks, which primarily regulate data collection and processing but do not fully capture the contractual and economic consequences of informational influence, asymmetry, and manipulation. Through comparative doctrinal and functional analysis, the study distinguishes a spectrum of data-driven influence, ranging from lawful consent-based practices to “distortion based on privacy analysis,” in which private data are used to shape or manipulate contractual decisions. The proposed framework integrates notice, informed consent, limited data transfer, third-party involvement, and informational asymmetry within a unified legal structure. It also examines the growing economic significance of buyer-related data as markets shift from traditional structures toward digital and increasingly intelligent environments, where accumulated information may support advertising, consumer profiling, market analysis, and commercial or investment decision-making. By comparing U.S., French, and European Union approaches, the research seeks to provide a transferable framework for protecting contractual autonomy while supporting transparent, trustworthy, and legally sustainable data-driven commerce. Keywords: Data-Driven Contracts; Privacy Law; Informed Consent; Will Distortion; Comparative Contract Law
Institution: Razavi University of Islamic Sciences
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7103757319
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