The informed consent paradigm of data protection law in the EU has failed to foster privacy-protective behaviour online, due to findings from behavioural science such as bounded rationality and asymmetric information. Hence, this article proposes a soft paternalistic approach through the use of ‘privacy nudges’ as an alternative regulatory tool to informed consent to nudge users towards more optimal privacy protection decisions. This article also discusses the potential benefits of privacy nudges, some of the main critiques of nudging and future directions for improvement.
Keywords: Privacy Nudge, Informed Consent, Behavioural Economics