LEGAL DESIGN AS A WAY TO INSURE DATA PROTECTION POLICY

Abstract

The present work intends to examine the contributions of legal design as a discipline capable of making the protection of personal data effective, based on the empowerment of the data subject, through presenting the information in a clear way, leading to the effective and wide exercise of the autonomy when consent is granted, especially when it comes to a consumer relationship, in which there is a vulnerability on the part of the consumer. The research fits into the theoretical, legal-dogmatic and legal-sociological plan, both through the bibliographical analysis of the subject and through the empirical approach of the practical applicability of the legal design as a way of effecting the protection of personal data. In a first moment, the contextualization will be presented, to allow the understanding of the current social context, as well as to situate the insertion of personal data in the information economy. After that, the history of the emergence of the General Data Protection Law will be analyzed, by highlighting the legal regime of these relationships, in particular with regard to the principle of transparency and the promotion of the autonomy of the data subject regarding consent. The third stage will be devoted to a case study, in which a company applied the legal design in the process of elaborating its privacy policy, as a way of making it understandable to users, to demonstrate how the legal design can contribute to the protection of personal data. Therefore, it is intended to bring a practical view on the contribution of legal design in the implementation of data protection policies, in the light of transparency.