VALIDADE DO NEGÓCIO JURÍDICO: OFERTA DIRECIONADA AO CONSUMIDOR NO AMBIENTE VIRTUAL A PARTIR DO TRATAMENTO IRREGULAR DE DADOS PESSOAIS

Abstract

This monograph aims to determine the validity of a legal transaction carried out based on a targeted offer of a product or service in a virtual environment resulting from the irregular treatment of the consumer's personal data. It poses the problem of questioning the possibility of invalidating a legal transaction carried out under such conditions. The relevance of the discussion lies in the legal need to promote consumer protection in the face of the fast computerization of the consumer market, with an increase in its vulnerability. The element of consent, essential for the formation of legal transactions, is analyzed since the consumer may not be aware of how the offer was developed and targeted in a personalized manner. Methodologically, the work is the result of theoretical research, based on the deductive approach method and the use of the indirect documentation technique, through bibliographical and documentary research. It presents the conclusion of the possibility of annulling a legal transaction originating from a targeted offer based on the irregular treatment of the consumer's personal data, given the absence of effectively manifested consent in a free manner, a basic requirement for the validity of the legal transaction and a premise of consumer relations.