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102 Can. B. Rev. 1 (2024)

handle is hein.journals/canbarev102 and id is 1 raw text is: Vol. 102 2024 No. 1 ALGORITHMIC PERSONALIZED PRICING: A PERSONAL DATA PROTECTION AND CONSUMER LAW PERSPECTIVE Pascale Chapdelainel Price is often the single most important term in consumer transactions. As the personalization of e-commerce continues to intensify, the law and policy implications of algorithmic personalized pricing i.e., to set prices based on consumers' personal data with the objective of getting as closely as possible to their maximum willingness to pay (APP), should be top of mind for regulators. This article looks at the legality of APP from a personal data protection law perspective, by first presenting the general legal framework applicable to this commercial practice under competition and consumer law. There is value in analysing the legality ofAPP through how these bodies of law interact with one and the other. This article questions the legality of APP under personal data protection law, by its inability to effectively meet the substantive requirements ofvalid consent and reasonable purpose. Findings of illegality ofAPP under personal data protection law may in turn further inform the lawfulness ofAPP under competition and consumer law. Le prix est souvent le plus important facteur dans les transactions des consommateurs. Alors que la personnalisation du commerce electronique continue de s'intensifier, les implications juridiques et politiques de la tarification personnalisee algorithmique, c.-a-d. fixer les prix en fonction 1 Pascale Chapdelaine is an Associate Professor at the University of Windsor, Faculty of Law. Thanks to the University of Windsor, Faculty of Law for research grants making this publication possible, and for the excellent research assistance of Windsor Law students at various stages of the research between 2020-2023: Samuel Abbott, Lauren Tsogaz, Rushi Chakrabarti, Abhishek Chaudhry, Marc Begin, and Summer Samra. I also thank the two anonymous peer reviewers for their very insightful comments, and the editors of the Canadian Bar Review/ La Revue du Barreau Canadien. THE CANADIAN BAR REVIEW LA REVUE DU BARREAU CANADIEN