Digital services contract
Introduction
The terms and conditions of use (also known as terms and conditions) are a legal contract between the provider of a service and the person who wants to use that service. The person must agree to comply with these terms to use the service offered. Terms of use may also be to discharge liability, especially in the use of websites. Typically the vague language and long, complex sentences used in the terms of use have raised concerns about customer privacy and increased public awareness regarding this issue.
Use
The terms of use agreement has a legal purpose and is used by companies that provide software services, such as web search engines, online commerce and social networks. A legitimate terms of service agreement is legally binding and may be subject to change. Companies can enforce the terms by denying service. Customers can enforce them by filing a lawsuit if they can prove that they were actually harmed by the failure to comply with the terms.
Content
The content of the Terms and Conditions must comply with the GDPR (General Data Protection Regulation), which is a regulation that came into force in 2016 and must be complied with by all companies operating in the European Union and aims to provide greater control and security to users over their digital data.
This content must comply with the principle of transparency, which implies that the information provided in the terms and conditions must be concise, easily accessible and easy to understand. The language used must be clear and simple. Failure to comply with this principle can occur through ambiguous language or high complexity when finding some information, which is illegal.
The GDPR includes 5 main rights[1] that must be reflected in the terms and conditions contract:
A terms of service agreement typically contains the following sections:.
Public awareness
In 2017, the artist Joana Moll bought one million profiles from a North American dating app that operates globally for €136. These profiles included photos, usernames, email addresses, nationalities, genders, ages, and personal information such as sexual orientation, interests, profession, and physical and personality traits. With these profiles, Joana Moll created a project, “The Dating Brokers”,[2] with the intention of exposing companies that are trading with users' personal information without their conscious consent. This project simulates a profile auction website.