Abstract

The article questions the rule of consent to the proceeding of personal data, especially in the technological context, as a tool of self-determination or protection of the data subject ("efficacy of the privacy consent"). The analysis is conducted having regard to the 2016/679 European Regulation (GDPR) and drawing on results from behavioral studies. By examining private remedies (liability for damages) laid down for the infringement of the rules on consent and the relevant judgements in the Italian legal system, the study finally argues that the right to privacy consent lacks autonomous legal protection. Some proposal for an alternative scenario are finally suggested.