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The article evaluates the effectiveness of consent under the General Law of Data Protection (GLDP) for informed self-determination.

March 8, 2026Open Access

Challenges to Enforcing Informative Self-Determination under the General Law of Data Protection (GLDP)

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This article uncovers challenges in enforcing informed consent in data protection, highlighting implications for fundamental rights.

The article evaluates the effectiveness of consent under the General Law of Data Protection (GLDP) for informed self-determination.
Literature review methodology
Deductive analysis of consent effectiveness
Assessment of the GLDP framework
Evaluation of alternative approaches for self-determination
Identified cognitive limitations hinder effective consent
Highlighted power asymmetries affecting data protection
Formally granted consent is often inadequate
Proposed solutions include privacy by design and accountability measures

Buarque et al. (2023) studied this question.

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