Question
Scenario: Alice is presented with a personalized price for training from a website for X AUD Bob is presented with a personalized price for same
Scenario: Alice is presented with a personalized price for training from a website for X AUD Bob is presented with a personalized price for same training from the same website for Y AUD
Where Alice's price is higher than Bob's price.
Both were automatically profiled via Cookies, they consented profilation, this is why they have different prices.
Please verify my interpretation?
Normally the automatic decision making is not permitted by GDPR Art 22(1) "The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her."
But considering Art 22(2):
"Paragraph 1 shall not apply if the decision: a. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
b. is based on the data subject's explicit consent." In this case can be used because: 1. it is the execution of a contract, so we can consider the online buying process a contract? 2. the user provided explicit consent?
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