Data Processing and Legal Protection in Contracts in the Technologically Innovative Tourism Sector

Abstract

This study aims to demonstrate that technological innovation in tourism represents a paradigm shift in law and is also changing the competition between tourist destinations. Technological innovation in the tourism sector is increasing the volume of data processing and calls for greater and more consistent (detailed) legal protection to combat dangers to private life, such as exclusion from ‘digital life’. The topics covered by the study include data processing in hospitality contracts, the enrichment of guest profiles, newsletter marketing, guest passes or discount cards in travel package contracts, and the question of whether data processing is necessary for fulfilling smart tourism contracts. The theoretical framework is based on contract and data protection law principles relating to purpose, data avoidance and transparency, the privacy rule by design and by default. The methodological approach is based on a careful balancing and weighing of the legal goods and values, and an assessment of the normative parameters. This research is responding to the need to develop appropriate policies on transformative innovations and is addressing different concerns relating to the adoption and diffusion of technological trends in tourism.