The Legal Status of Electronic Contracts Based on the Analysis of Privacy Data: A Comparative Study in U.S. and French Law, with Reference to European Union Regulations

This research investigates how the analysis of personal and privacy data influences the formation, validity, and balance of electronic contracts within U.S., French, and European Union (GDPR) legal systems. It argues that while current data-protection frameworks safeguard information integrity, they inadequately regulate how data analysis—particularly manipulative or distortive uses—can affect parties’ will and contractual autonomy. Through a comparative doctrinal and functional analysis, the study identifies various degrees of informational influence, ranging from lawful consent-based targeted advertising to “distortion based on privacy analysis,” wherein private data are exploited to shape or manipulate contractual decisions. The paper proposes a comprehensive legal and operational framework that integrates notice, consent, limited data transfer, and third-party intervention into a unified system ensuring transparency, informed consent, and contractual equilibrium. By examining gaps across civil and common law jurisdictions, it establishes criteria to prevent unilateral informational advantage, deception, and psychological coercion resulting from asymmetrical data access. The proposed model harmonizes transnational principles to enhance justice, security, and trust in digital transactions while remaining adaptable to evolving data-driven environments. Ultimately, the study contributes to comparative legal scholarship by redefining electronic contract validity through the lens of data analysis and by offering policy foundations for future international regulation of privacy-affected contractual relationships. Keywords: Data-Driven Contracts; Privacy Law; Informed Consent; Will Distortion; Comparative Contract Law