O consentimento necessário ao tratamento de dados na Lei 13.709/2018: reflexões no estudo da teoria do negócio jurídico nas relações de consumo

Abstract

This article has the following question as a problem: in the guidelines of Legal Business Theory, Bill 13709/2018 and the Consumer Protection Code, the absence of specific consent for data collection and processing in consumer electronic contracts affects business analysis plan? First, it aims to present a reading of the bridge theory of the legal business, emphasizing its analysis plans and the volitional negotiation. Subsequently, the electronic contracts expressed in the Privacy Policy are contextualized and described. In the end, as Bill 13709/2018 places the consent as a basic element in the constitution of the data processing contract, and since it is unfit to provide unspecified consent, under the terms of the General Theory of Legal Business, the contract relating to the treatment will be non-existent. However, in this case, some considerations are made. We use the hermeneutic, deductive and integrated research methods, and the case study technique for argumentative construction.