맞춤형 광고를 위한 개인정보 처리의 법적 쟁점 - 정보법, 계약법, 그리고 경쟁법 -

Targeted advertising has proliferated rapidly as it offers advertisers more effective ads, recipients the benefit of being exposed to ads that are of interest to them and at the same time, enables them to enjoy all the service for free. However, targeted advertising not only raises data law issues due to its extensive use of personal behavioral data, but also contractual law issues between users and their service providers, as well as anti-trust law issues due to the inherent tendency of market concentration in these network businesses. These laws are closely interrelated. This article examines the legal basis of targeted advertising from these three perspectives. First, it was shown that, from a data law perspective, targeted advertising should be based neither on a 'contract' nor a balancing of interests but on (mandatory) consent, and that the prohibition of unfair tying does not apply in principle. Furthermore, it was argued that, in this case, contract and consent are inextricably linked, so that the withdrawal of consent should be subordinate to the termination of the contract, but that the right to (informational) self-determination should be taken into account in forming the causes for the termination. It was also shown that such contracts may be subject to consumer law regulations, but they are not onerous contracts in the sense of contract law. Finally, it is argued that the freedom of service providers to design their own services is limited by anti-trust law, in particular the prohibition of the abuse of a dominant market position, and that unjustified, unnecessary and excessive expansion of the service, such as mandating the processing of behavioral data in third-party services, may be subject to sanctions under anti-trust, data, and contract law.